City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:00 PMTuesday, September 27, 2022
The City of Santa Clara will be conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution No. 22-9142, Councilmembers may teleconference from remote locations and the City continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting) • Via email to [email protected] (Comments received after 2:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting). This email address will be disabled after the October 4, 2022 meeting. Comments will continue to be accepted through City’s eComment.
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.
Closed Session - 5:00 PM | Regular Meeting - 7:00 PM
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
1.A Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances: Pursuant to Gov. Code § 54956.9(e) (1) - Not disclosed on agenda
(Deferred from September 13, 2022)
22-1182
1.B 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)
22-1200
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
1.C Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: East of Loyalton and West of Cold Springs in Sierra and
Lassen Counties, APN: 147-040-02-11, 147-050-02-11 ,
147-050-03-11, 147-05-19-11, 147-070-04-11, 147-070-05-11, 147-080-01-11, 147-080-03-11, 147-080-11-11, 147-080-14-11, 147-080-15-11, 021-010-003, 021-020-001, 016-100-004, 016, 090, 059, 021-010-006, 021-010-012, 016-100-005 ,
016-080-008, 016-070-012, 016-090-011, 021-010-013 ,
016-100-001, 016-100-006 and 016-080-007
City/Authority Negotiator: Rajeev Batra, City Manager (or designee)
Negotiating Parties: California Department of Fish and Wildlife Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms)
22-1203
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)
7:00 PM JOINT COUNCIL/STADIUM AUTHORITY MEETING
*Open Session to begin at 7:00 PM or shortly thereafter Call to Order
Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2. Recognition of Northern California Cricket Association (NCCA) USA National Interleague Tournament
22-696
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.]
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
3.A Board, Commissions and Committee Minutes22-27
Note and file the Minutes of:
Planning Commission - August 3, 2022 Special
Meeting
Historical and Landmarks Commission - June 2, 2022
Youth Commission - May 10, 2022
Parks & Recreation Commission - August 16, 2022
Recommendation:
3.B Action on Agreement with Dasher Technologies, Inc. to Provide and Implement an Enterprise Data Storage Solution
22-1120
1. Authorize the City Manager to execute an
agreement with Dasher Technologies, Inc. to provide
and implement an enterprise data storage solution for
an initial five-year term, with maximum compensation
not-to-exceed $304,587.
2. Authorize the City Manager to exercise up to five
one-year options to extend the term of the agreement
after the initial term, subject to the appropriation of funds.
Recommendation:
3.C Action on a Proposed Agreement with HSQ Technology to Upgrade the Supervisory Control and Data Acquisition (SCADA) System to Enable Fiber Communication and to Implement
Various System Enhancements
22-925
1. Authorize the City Manager to execute an
agreement with HSQ Technology to upgrade the
SCADA system to enable fiber communication and to
implement various system enhancements, with a
five-year term starting on or around October 1, 2022
and ending on December 31, 2027, with an initial
maximum compensation of $500,000, subject to the
appropriation of funds; and
2. Authorize the City Manager to execute amendments
to increase compensation not-to-exceed $1,029,330
for a total maximum contract compensation of
$1,529,330, subject to the appropriation of funds.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
3.D Action on a Substation Agreement with Vantage Data Centers CA31, LLC for Bowers Avenue Junction Substation and Related Budget Amendment
22-1061
1. Approve the Substation Agreement (Agreement)
with Vantage Data Centers CA31, LLC to allow
SVP to design, procure equipment, and construct
60kV facilities to serve the Bowers Avenue
Junction Substation for electric service to 2590
Walsh Avenue, subject to the appropriation of
funds;
2. Authorize the City Manager to execute the
Agreement and related documents and to take
such actions as reasonable or necessary to
implement and administer the Agreement;
3. Authorize the City Manager to make minor
modifications to the attached Agreement subject to
approval by City Attorney as to form; and
4. Approve the following FY 2022/23 budget
amendment in the Electric Utility Capital Fund to
recognize developer contributions of $2,641,105,
and increase the Bowers Avenue Junction Project
appropriation by $2,641,105 (five affirmative
Council votes required to appropriate
additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
3.E Action on Agreements with Woodard and Curran for the Sanitary Sewer Master Plan Update and Sanitary Sewer Hydraulic Model Maintenance and Support and Approve Related Budget
Amendment
22-980
1. Approve and authorize the City Manager to execute
an agreement with Woodard and Curran for the
Sanitary Sewer Master Plan Update in the amount
not-to-exceed $980,038;
2. Authorize the City Manager to make minor
modifications to the Sanitary Sewer Master Plan
Update Agreement if needed and to extend the
term;
3. Approve and authorize the City Manager to execute
an agreement with Woodard and Curran for the
Sanitary Sewer Hydraulic Model Maintenance and
Support Agreement in the amount not-to-exceed
$1,000,000;
4. Authorize the City Manager to exercise up to two
one-year extensions to the agreement and make
minor modifications to the Sanitary Sewer
Hydraulic Model Maintenance and Support
Agreement if needed and to extend the term; and
5. Approve the following FY 2022/23 budget
amendment in the Sewer Utility Capital Fund to
increase the Sanitary Sewer Master Plan Update
Project appropriation by $480,038 and decrease
the Unallocated Sanitary Sewer Conveyance Fees
fund balance by $480,038 (five affirmative
Council votes required for the use of unused
balances).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
3.F Action on Amendment No. 1 to the Agreement with NUVIS Landscape Architecture, Inc. for Design Professional Services for the Central Park New Entrance, Access, and Parking
Improvements Project
22-1005
1. Approve and authorize the City Manager to execute
Amendment No. 1 to the Agreement with NUVIS
Landscape Architecture, Inc. in the amount of
$255,695 for the Central Park New Entrance,
Access, and Parking Improvements Project for a
total Agreement not-to-exceed amount of
$404,000; and
2. Authorize the City Manager to make minor
modifications to the agreement if needed and to
extend the term.
Recommendation:
3.G Action on Amendment No. 5 to the Agreement for Professional Services with Perkins + Will for the Tasman East Specific Plan 22-1071
Authorize the City Manager to execute Amendment
No. 5 to the Agreement with Perkins
+ Will for professional services to prepare the
Amendment to the Tasman East Specific
Plan to allow up to 1,500 additional units in the
Tasman East area, along with
preparation of the associated environmental
clearance, by extending the term of the
agreement through December 2023.
Recommendation:
3.H Consideration of the Silicon Valley Power 2021 Power Content Label
22-1094
Note and file Silicon Valley Power’s 2021 Power
Content Label(s).
Recommendation:
3.I Action on a Resolution Approving the 2023 Planning
Commission Calendar of Meetings
22-1125
Adopt a Resolution approving the 2023 Planning
Commission Calendar of Meetings.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
3.J Action on Addition of Five Positions Funded by Silicon Valley Power and Two Fire Department Positions Funded by
Developer Permit Fees and Related Budget Amendment
22-1145
1. Approve the addition of one Senior Management
Analyst and two Management Analyst positions in
the Electric Utility Department;
2. Approve the addition of one Senior Management
Analyst position in the Finance Department;
3. Approve the addition of one Human Resources
Technician position in the Human Resources
Department;
4. Approve the addition of one Fire Protection
Engineer position and one Permit Technician
position in the Fire Department; and
5. Approve the following FY 2022/23 budget
amendments:
a. In the Electric Utility Fund, increase the Electric
Department Salaries and Benefits appropriation
by $407,000, increase the Transfer to the
General Fund by $243,000 and reduce the
unrestricted ending fund balance by $650,000
(five affirmative Council votes required for
the use of unused balances);
b. In the General Fund, increase the Finance
Department Salaries and Benefits appropriation
by $147,000, increase the Human Resources
Salaries and Benefits appropriation by $96,000,
and increase the transfer from the Electric Utility
Fund by $243,000 (five affirmative Council
votes required to appropriate additional
revenue); and
c. In the General Fund, increase the Fire
Department Salaries and Benefits appropriation
by $258,000 and increase the Fire Permits
revenue estimate by $258,000 (five affirmative
Council votes required to appropriate
additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
3.K Actions to Approve Various Modifications to Existing Classified Job Specifications, Including Recruit Police Officer (Job Code 689), Police Officer (Job Code 650), and Firefighter (Job Code 487)
22-1184
Approve revisions to various classified job
specifications including, Recruit
Police Officer (Job Code 689), Police Officer (Job
Code 650), and Firefighter (Job Code
487)
Recommendation:
3.L Authorize the City Manager to execute the Side Letter Agreement that amends the 2019-2023 Memorandum of
Understanding Between the City of Santa Clara and the City of Santa Clara Employees’ Association (Units 5/7/8), that
incorporates the terms of the Side Letter Agreement and Related Budget Amendments
22-1126
1. Authorize the City Manager to execute the Side
Letter Agreement that amends the current
Memorandum of Understanding with a term of
December 15, 2019, through and including December
23, 2023, that incorporates the terms of the Side
Letter Agreement reached between both parties; and
2. Approve the related FY 2022/23 Budget
Amendments as detailed in Attachment 2 (five
affirmative votes required for the use of unused
fund balances and to appropriate additional
revenue).
Reviewed by: Aracely Azevedo, Director of Human
Resources
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Side Letter Agreement Amending the Current MOU
Between the City and the Employees’ Association
dated August 8, 2022
2. FY 2022/23 Budget Amendments - Units 5/7/8 Side
Letter
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
3.M Authorize the City Manager to execute the Side Letter Agreement that amends the 2019-2024 Memorandum of
Understanding Between the City of Santa Clara and the
Miscellaneous Unclassified Management Employees (Unit 9), that incorporates the terms of the Side Letter Agreement 22-1175
Authorize the City Manager to execute the Side Letter
Agreement that amends the current Memorandum of
Understanding with Miscellaneous Unclassified
Management Employees (Unit 9) with a term of
December 15, 2019 through and including December
31, 2024, that incorporates the terms of the Side
Letter Agreement reached between both parties.
Recommendation:
3.N Action on the Waiver of the First Reading and Introduction of an Ordinance Approving the Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project, in Accordance with City Charter Section 714.1
22-1003
Waive first reading and introduce an ordinance
approving the Schematic Design for the Central Park
Entrance, Accessibility, and Parking Improvements
Project in accordance with City Charter Section 714.
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
4.A Action on Stadium Authority Bills and Claims for the Month of June 2022
22-1060
Approve the list of Stadium Authority Bills and Claims
for June 2022.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
4.B Delegation of Authority to Executive Director and Stadium Authority Counsel to Negotiate and Execute Allocation
Agreement with Various 49ers Entities and Insurance Carriers Relating to Proceeds from Their Settlement with Howard
Needles Tammen & Bergendoff
22-1092
Approve delegation of authority to the Executive
Director and Stadium Authority Counsel to negotiate
and execute an Allocation Agreement regarding
proceeds from a settlement with HNTB that would
include the following parties: Forty Niners Football
Company LLC, Forty Niners Stadium Management
Company LLC, Forty Niners SC Stadium Company
LLC, Forty Niners Stadium LLC, Indian Harbor
Insurance Company, North American Capacity
Insurance Company, and Starr Indemnity & Liability
Company.
Recommendation:
4.C Action on Request Submitted by the Stadium Manager to Award Purchase Order to imageOne Uniforms for Guest Services Uniforms
4.C.1 Request from the Stadium Manager to Award Purchase Order to imageOne Uniforms for Guest Services Uniforms
22-1177
4.C.2 Report from Stadium Authority Regarding Stadium Manager ’s Request to Award Purchase Orders to imageOne Uniforms for Guest Services Uniforms
22-1178
Approve the Stadium Manager’s request to award a
purchase order to imageOne Uniforms to procure
Guest Services uniforms, in an amount not to exceed
$10,807.
Recommendation:
4.D Action on Request Submitted by the Stadium Manager to Utilize Cooperative Agreements to Leverage Discounted Pricing and Award Purchase Orders to EyeP Solutions, Inc. for Security Software Subscription Renewals and Security Cardkeys and Tags
4.D.1 Request from the Stadium Manager to Utilize Cooperative Agreements to Leverage Discounted Pricing and Award
Purchase Orders to EyeP Solutions, Inc. for Security Software Subscription Renewals and Security Cardkeys and Tags
22-1186
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
4.D.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Utilize Cooperative Agreements to
Leverage Discounted Pricing and Award Purchase Orders to EyeP Solutions, Inc. for Security Software Subscription Renewals and Security Cardkeys and Tags
22-1189
1. Approve the Stadium Manager’s request to utilize a
cooperative agreement to leverage discounted
pricing and award a purchase order to EyeP
Solutions, Inc. in the amount of $40,126 to provide
Genetec Advantage software license subscription
renewals for a one-year period; and
2. Approve the Stadium Manager’s request to utilize a
cooperative agreement to leverage discounted
pricing and award a purchase order to EyeP
Solutions, Inc. in the amount of $6,931 to procure
Genetec proximity cardkeys and Microprox tags.
Recommendation:
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
5. Public Hearing: 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER)
22-953
1. Approve the 2021-2022 Consolidated Annual
Performance and Evaluation Report (Attachment 1)
and authorize the City Manager, or his designee, to
execute the documents for submission to the U.S.
Department of Housing and Urban Development
(HUD) by September 30, 2022 unless otherwise
directed by HUD.
2. Direct staff to incorporate all public comments into the final version to be submitted to HUD on or
before September 30, 2022.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
6. Public Hearing: Actions on the Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP), General Plan Amendment from Community
Commercial to High Density Residential, Rezone from General Office (OG) to Planned Development (PD), and density bonus agreement to allow a multifamily affordable housing
development with 108 rental units at 1601 Civic Center Drive 22-1099
Alternative: 1, 2, 3 and 4
1. Adopt a resolution to adopt the Mitigated Negative
Declaration (MND) and the Mitigation Monitoring and
Reporting Program (MMRP) for the Civic Center
Family Housing Project.
2. Adopt a resolution to approve a General Plan
Amendment from Community Commercial to High
Density Residential.
3. Adopt a resolution to approve a Rezone from
General Office (OG) to Planned Development (PD) to
allow a five-story affordable housing development with
108 rental units, on-site parking and amenities,
landscaping, and off-site improvements.
4. Authorize the City Manager to negotiate and
execute a density bonus agreement in a form
approved by the City Attorney.
Recommendation:
WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS FROM THE PUBLIC/COUNCIL
7. Action on a Council Written Request (Council Policy 030) Submitted by Councilmember Becker Requesting to Place an Agenda Item at a Future Council Meeting to Receive a Report Based on the Mayor ’s Request Concerning the Related
Company and the Prevailing Wage Issues as well as a Report on the Claim from the Union of Painters made with the
Department of Industrial Relations and that this Report and Discussion take place at the Council Meeting of October 4, 2022
22-1223
Staff makes no recommendation.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Update on City Council and Stadium Authority Staff Referrals22-902
Council and Authorities Concurrent
Meeting
Meeting Agenda September 27, 2022
Tentative Meeting Agenda Calendar (TMAC)22-1201
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, October 4, 2022 in the City Hall Council Chambers.
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 clerk@santaclaraca .gov <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.