City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent Meeting
6:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
10/04/2022
The City of Santa Clara will be conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution No. 22-9142, Councilmembers may teleconference from remote locations and the City continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting) • Via email to [email protected] (Comments received after 2:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting). This email address will be disabled after the October 4, 2022 meeting. Comments will continue to be accepted through City’s eComment.
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.
6:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the meeting to order at 6:03 PM.
Closed Session - 6:00 PM | Regular Meeting - 7:00 PM
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Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Councilmember Kevin Park, Vice Mayor Suds Jain, Councilmember Anthony Becker, and Mayor Lisa M.
Gillmor
Present: 7 -
1.A 22-1246
Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 575 Pomeroy Avenue, Santa Clara, CA 95051-6131, APN:
293-09-005
City/Authority Negotiator: Rajeev Batra, City Manager (or designee) Negotiating Parties: Kilarney Farms Swim Center Inc.
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms)
1.B 22-1254
Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances: Pursuant to Gov. Code § 54956.9(e)(1) - Not disclosed on agenda
1.C 22-1260
Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representative: City Manager’s designee
Employee Organization(s):
Unit #1-Santa Clara Firefighters Association, IAFF, Local 1171 Unit #2-Santa Clara Police Officer’s Association
Unit #3-IBEW Local 1245 (International Brotherhood of Electrical Workers) Unit #4-City of Santa Clara Professional Engineers
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #6-AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9-Miscellaneous Unclassified Management Employees Unit #9A-Unclassified Police Management Employees
Unit #9B-Unclassified Fire Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees Association) Public Comment
Susan Hinton (eComment) expressed comments of commendation to the Fire Department in response to a fire.
22-1480
PUBLIC COMMENT POST MEETING MATERIAL
Convene to Closed Session (Council Conference Room)
Council convened to Closed Session at 6:04 PM.
Roll Call
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7:00 PM COUNCIL REGULAR MEETING
Call to Order
Mayor Gillmor called the regular meeting to order at 7:25 PM.
Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.
Councilmember Chahal recited the Statement of Values.
Assistant City Clerk Pimentel recited the Statement of Behavioral Standards and AB 23 Announcement.
Assistant City Clerk Pimentel also noted that any registered Lobbyists speaking at a public meeting must identify themselves and whom they represent.
Mayor Gillmor called for a moment of silence in honor of William "Bill" Kelly (Retired Former Fire Chief) and Ted Rose (Retired Assistant Fire Chief).
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Interim City Attorney Ngo noted that there was no reportable action from Closed Session.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
None.
SPECIAL ORDER OF BUSINESS
2.A 22-831 Proclaim October 9-15, 2022 as Fire Prevention Week Mayor Gillmor proclaimed October 9-15 as Fire Prevention Week.
Beverly Molina (FireFighter, Paramedic, and Chief Diversity Equity and Inclusion Officer) provided comment recognizing Fire Prevention Week.
Council questions and comments followed.
Beverly Molina addressed Council questions.
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2.B 22-1202 Proclaim October 2022 as Breast Cancer Awareness Month Mayor Gillmor proclaimed October 2022 as Breast Cancer Awareness Month.
Kiana Mulqueeney (Senior Development Manager, American Cancer Society) accepted the proclamation and provided comments regarding the American Cancer Society.
2.C 22-1241
Proclaim October 2022 as Domestic Violence Awareness Month Mayor Gillmor proclaimed October 2022 as Domestic Violence Awareness Month.
Maitri (Domestic Violence Advocacy Organzation) accepted the proclamation.
Council comments followed.
CONSENT CALENDAR
Councilmember Chahal pulled Item 3.I.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve the balance of the Consent Calendar (except Item 3.I).
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
3.A 22-28
Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Planning Commission - August 24, 2022
Senior Advisory Commission - August 22, 2022
Board of Library Trustees - August 17, 2022
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve staff recommendation.
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3.B 22-1072 Action on Bills and Claims Report (CC, HA) for the period August 13, 2022 - September 2, 2022
Recommendation: Approve the list of Bills and Claims for August 13, 2022 - September 2, 2022.
A motion was made by Councilmember/Commissioner Becker, seconded by Vice Mayor/Vice Chair Jain, to approve staff recommendation.
3.C 22-1105
Action on Historic Resource Inventory Property Designation and Historical Preservation Agreement (Mills Act) for 633 Park Court
Recommendation: 1. Approve the addition of the property located at 633 Park Court to the
3.D 22-1185
City’s HRI; and
2. Authorize the City Manager to execute a Mills Act Contract and adopt the 10-Year Restoration and Maintenance Plan associated for the property at 633 Park Court.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve staff recommendation.
Action on a Resolution Approving a Purchase and Sale Agreement for an Easement on the Memorex Junction Transmission Line Extension Project Recommendation: 1. Adopt the Resolution approving the purchase of an overhead electric easement at 1040 Di Giulio Avenue [224-05-093] and authorize the City Manager to execute the related Purchase and Sale Agreement and accept associated easement deed; and
2. Authorize the easement deed to be recorded in the Office of the County Clerk-Recorder of the County of Santa Clara.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to adopt Resolution No. 22-9144 approving the purchase of an overhead electric easement at 1040 Di Giulio Avenue [224-05-093] and authorize the City Manager to execute the related Purchase and Sale Agreement and accept associated easement deed; and authorization for the recordation of the Resolution.
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3.E 22-991 Action on Award of Contract to Ray’s Electric, Inc. and Amendment No. 1 to the Agreement with CSG Consultants, Inc. for the Uncontrolled Crosswalks Improvements Project
Recommendation: 1. Award the Public Works Contract for the Uncontrolled Crosswalks Improvements project to the lowest responsive and responsible bidder, Ray’s Electric, Inc, in the amount of $1,883,055, and authorize the City Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project;
2. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $282,460, for a total not to exceed amount of $2,165,515;
3. Authorize the City Manager to execute Amendment No. 1 to the Agreement with CSG Consultants, Inc. to extend the term to December 31, 2023 and increase the maximum compensation to $171,222; and
4. Authorize the City Manager to make minor modifications to the CSG Consultants, Inc. Agreement if needed and to extend the term.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve staff recommendation.
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3.F 22-166 Action to Delegate Authority to the City Manager to Negotiate and Execute Amendments to Agreements for Design Professional Services for Silicon Valley Power’s System Capacity Expansion Planning Including Plan Implementation and General Consulting Services
Recommendation: 1. Authorize the City Manager to negotiate and execute amendments to Agreements for Design Professional Services for Silicon Valley Power’s System Capacity Expansion Planning with an additional aggregate maximum compensation of $17 million, subject to the appropriation of funds for the following:
A. For general consulting services with:
1). Advisian Worley Group
2). TRC Solutions, Inc.
3). Leidos Engineering, LLC
4). Flynn Resource Consultants, Inc.
5). EN Engineering LLC
B. For plan implementation services with:
1). 1898 & Co.
2). TRC Solutions, Inc.
3). Electrical Consultants, Inc.
4). AECOM Technical Services, Inc.
5). Stantec Consulting Services Inc.; and
2. Authorize the City Manager to:
A. Execute amendments to extend the term of the Agreements if required to complete projects initiated during their term; B. Negotiate and execute amendments to add or delete services consistent with the scope of the agreements and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds; and C. Take such actions as necessary or advisable to implement the agreements as amended.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve staff recommendation.
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3.G 22-989 Action to Waive First Reading and Introduce an Ordinance Amending Chapter 12.35 (“Trees and Shrubs”) of Title 12 (“Streets, Sidewalks and Public Places”) of “The Code of the City of Santa Clara, California” to Modify the Process for Violation Appeals
Recommendation: Waive First Reading and Introduce an Ordinance Amending Chapter 12.35 “Trees and Shrubs” of Title 12 “Streets, Sidewalks and Public Places” of “The Code of the City of Santa Clara, California” to Modify the Process for Violation Appeals.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to pass to print Ordinance No. 2052, Amending Chapter
12.35 “Trees and Shrubs” of Title 12 “Streets, Sidewalks and Public Places” of “The Code of the City of Santa Clara, California” to Modify the Process for Violation Appeals.
3.H 22-1010 Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the Governor’s Proclaimed COVID State of Emergency
Recommendation: Adopt a Resolution finding the existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to adopt Resolution No. 22-9145, finding the existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.
PUBLIC PRESENTATIONS
None.
CONSENT ITEMS PULLED FOR DISCUSSION
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3.I 22-1108 Update on a Written Petition to Consider Traffic Calming Measures on Cabrillo Avenue
Recommendation: Note and File the Update on a Written Petition to Consider Traffic Calming Measures on Cabrillo Avenue.
Councilmember Chahal pulled this item for further discussion.
Council comments followed.
A motion was made by Councilmember Chahal, seconded by
Councilmember Park, to note and file the Update on a Written Petition to Consider Traffic Calming Measures on Cabrillo Avenue.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
PUBLIC HEARING/GENERAL BUSINESS
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4. 22-1258 Report on a Written Petition (Council Policy 030) Submitted by Councilmember Anthony Becker Regarding Letter Sent by Mayor Gillmor to Governor Newsom Regarding Department of Industrial Relations Investigation on Prevailing Wage Claims on the Related Santa Clara Project
Recommendation:
There is no staff recommendation.
Councilmember Becker began the discussion and provided a verbal report on the Written Petition submitted by him regarding a letter sent by Mayor Gillmor to Governor Newsom Regarding Department of Industrial Relations Investigation on Prevailing Wage Claims on the Related Santa Clara Project.
Ruth Shikada (City Manager's Office) provided a verbal report.
Interim City Attorney Ngo addressed Council comments.
Council comments and questions followed.
Interim City Attorney Ngo addressed Council comments.
Council discussion ensued.
Public Speaker(s): Nicole Goehring Susan Hinton (eComment) Debbie Algieri Blaine Caya (E-Mail)
Ding Ding TV Gary Shandalov (E-Mail)
Deborah Philip Carnathan (E-Mail)
Lee Broughman Paolo Degrassi (E-Mail)
Robert Singleton Ryan Cavanagh (E-Mail)
Adam Thompson Terry James (E-Mail)
Larry McColloch Osama Martell (E-Mail)
Albert Lustre
Lee Strieb
Tim Thompson
Joseph J. Albanese (E-Mail)
Mike Fisher (E-Mail)
Gary Ferraris
Public Speaker (1) Steve Eimer
Council comments and questions followed.
Interim City Attorney Ngo addressed Council questions.
Council discussion ensued.
A motion was made by Councilmember Hardy, seconded by
Councilmember Chahal, to direct this item to Governance & Ethics Committee for policy review.
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Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor 6 -
Nay: Councilmember Watanabe1 -
Council comments and questions followed regarding scheduling Governance and Ethics Committee meeting.
Interim City Attorney Ngo and City Manager Batra addressed Council questions.
Council comments followed.
Public Speaker(s): Lee Broughman
WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS SUBMITTED BY THE
PUBLIC/COUNCIL
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5. 22-1244 Action on a Written Petition (Council Policy 030), Submitted by Teresa O’Neill Requesting to Place an Agenda Item on a Future Council Meeting for a Public Review of the Settlement Agreement and Mutual Release dated August 31, 2022 between the City of Santa Clara, the Santa Clara Stadium Authority, and the 49er Football Team Entities
Recommendation:
Staff makes no recommendation.
Items 5 & 6 have similar topics and was heard simultaneously.
Written Petitioner Teresa O'Neill provided a verbal report on her request for a public review of the Settlement Agreement and Mutual Release dated August 31, 2022 between the City of Santa Clara, the Santa Clara Stadium Authority, and the 49er Football Team Entities.
A motion was made by Councilmember Watanabe, seconded by Mayor Gillmor, to agendize this written petition combined with agenda Item #6 030 submitted by Vice Mayor Jain to be heard at either the Council meeting of October 18th or November 1st.
Council questions and comments followed.
City Manager Batra and Interim City Attorney Ngo addressed Council questions.
Public Speaker(s): Deborah
Lee Broughman
Teresa O'Neill
Susan Hinton (eComment)
Vice Mayor Jain read his written petition (Item 6) requesting to set a Study/Briefing Session for the public in which the terms of the Settlement Agreement are discussed as well as presentation of sources of revenues, to include an explanation of the Waterfall through which money flows as well as the rate at which the various Loans are being paid off.
A substitute motion was made by Councilmember Becker, seconded by Councilmember Hardy, to make the settlement agreement accessible on the website for the public, schedule a study session in the future following completion of any pending litigation with the 49ers.
Vice Mayor Jain requested a friendly amendment to the substitute motion to return the study session either at the end of the litigation and or before January 31, 2023.
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Councilmember Becker did not accept the friendly amendment.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to consider the substitute motion.
Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
5 -
Nay: Councilmember Watanabe, and Mayor Gillmor2 -
Council comments followed.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to make the settlement agreement
accessible on the website for the public, schedule a study session in the future following completion of any pending litigation with the San Francisco 49ers limited to the buffet and public safety cost.
Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
5 -
Nay: Councilmember Watanabe, and Mayor Gillmor2 -
6. 22-1250 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Set a Study/Briefing Session for the Public in which the Terms of the Settlement Agreement are Discussed as well as Presentation of Sources of Revenues, to include an explanation of the Waterfall through which Money Flows as well as the Rate at which the various Loans are being Paid Off
Recommendation:
Staff makes no recommendation.
Items 5 & 6 have similar topics and was heard simultaneously.
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REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Mayor Gillmor reported a great Parade of Champions and commended all in involved in putting on the event.
Councilmember Becker reported a successful Parade of Champions and commended Parade of Champions Committee and Ana Vargas Smith for her leadership.
Councilmember Park reported on the new exhibit, book club, and Poetry Picnic at the Triton Museum of Art.
Councilmember Hardy reminded the community that we are still in a water drought and take actions to conserve water.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
None.
ADJOURNMENT
The meeting was adjourned at 10:39 PM.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to adjourn the meeting.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
The next regular scheduled meeting is on Tuesday, October 18, 2022 in the City Hall Council Chambers.
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MEETING DISCLOSURES
Meeting Minutes 10/04/2022
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. ~
Assistant City Clerk/Secretary
City of Santa Clara Page 15 Printed on 01/25/2023