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, October 18, 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. 22-9145 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
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 October 18, 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)
22-1274
1.B Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 1601 Civic Center Drive, Santa Clara, CA 95050; APN: 224-49-006
City/Authority Negotiator: Rajeev Batra, City Manager (or designee)
Negotiating Parties: Charities Housing, Kathy Robinson
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms)
22-1281
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
Call to Order
Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A Proclaim October 2022 as Hindu American Awareness and Appreciation Month
22-832
2.B Proclamation of October 2022 as Community Planning Month22-1116
2.C Recognize the 75th Anniversary of the Silicon Valley Central Chamber of Commerce
22-1221
2.D Verbal Report from the Chief Emergency Services Officer regarding COVID-19 Pandemic
22-1243
2.E Verbal Report Update from City Manager Regarding the Local Drought Emergency
22-1242
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.]
3.A Action on the Meeting Minutes of Special City Council Meeting of June 6, 2022, Joint Council & Authorities Concurrent and Stadium Authority Meeting of June 7, 2022, and Special City Council Meeting June 20, 2022
22-337
Approve the Meeting Minutes of:
June 6, 2022 Special City Council Meeting;
June 7, 2022 Joint Council & Authorities Concurrent
and Stadium Authority Meeting; and
June 20, 2022 Special City Council Meeting
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
3.B Board, Commissions and Committee Minutes22-29
Note and file the Minutes of:
Downtown Community Task Force - May 20, 2021
Downtown Community Task Force - June 17, 2021
Downtown Community Task Force - August 18, 2022
Audit Committee - March 14, 2022
Cultural Commission - August 1, 2022
Recommendation:
3.C Overview of the City Auditor ’s Office Semi -Annual Status Report as of September 30, 2022
22-375
Note and file the City Auditor’s Office Semi-Annual
Status Report as of September 30, 2022 as
recommended by the Council Audit Committee.
Recommendation:
3.D Action on a Task Order for Professional and Technical Services for PeopleSoft Enhancements and Configurations with
CherryRoad Technologies
22-965
Authorize the City Manager to negotiate and execute
Task Order No. 22.1 with CherryRoad Technologies
for professional and technical services for PeopleSoft
Human Capital Management Enhancements and
Configurations in the amount of $407,000.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
3.E Action on an Agreement for Services with Guidehouse, Inc . (Guidehouse) to Provide Consulting Services for North
American Electric Reliability Corporation (NERC) and Western Electricity Coordinating Council (WECC) Regulatory
Compliance
22-165
1. Approve an Agreement for Services with
Guidehouse, Inc. to provide consulting services for
North American Electric Reliability Corporation
(NERC) and Western Electricity Coordinating
Council (WECC) Regulatory Compliance for an
initial five-year term and up to five additional term
years with a maximum compensation not to exceed
$700,000 for the initial term and $900,000 for the
optional term years for a total maximum
compensation of $1.6 million and 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, including
exercising options to extend the term of the
Agreement; and
3. Authorize the City Manager to make minor changes
to the attached Agreement subject to approval by
the City Attorney as to form.
Recommendation:
3.F Action on an Agreement with Silicon Valley /Santa Clara DMO, Inc. d/b/a Discover Santa Clara® for the Administration of the Santa Clara Tourism Improvement District
22-1063
1. Approve and authorize the City Manager to execute
an Agreement with Silicon Valley/Santa Clara DMO,
Inc. d/b/a Discover Santa Clara® for the
Administration of the Santa Clara Tourism
Improvement District.
2. Authorize the City Manager to exercise the option to extend the Agreement for up to two five-year options
to renew; and
3. Authorize the City Manager to make minor and
administrative modifications to the Agreement if
necessary.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
3.G Action on the Amendment No. 1 to the Agreement with MIG, Inc . for Consultant Services to Update the City ’s Adopted Housing Element and Related Budget Amendment
22-1248
1. Accept and approve the $102,684 in grant funding
from the State of California Department of Housing
and Community Development;
2. Authorize the City Manager to execute Amendment
No. 1 to the Agreement with MIG, Inc. to provide
Housing Element update Consultant Services for a
term ending on December 31, 2023, for a
maximum compensation not to exceed $233,568;
3. Authorize the City Manager to execute an
amendment to increase maximum compensation in
the event that additional services are required,
subject to the annual appropriation of funds; and
4. Approve the related FY 2022/23 budget
amendment in the Engineering Operating Grant
Trust Fund to recognize grant revenue in the
amount of $102,684 and establish an appropriation
in the amount of $102,684 for preparation of the
City’s Housing Element Update (five affirmative
Council votes required to appropriate
additional revenue).
Recommendation:
3.H Action on Amendment No. 2 to the Agreement with Townsend Public Affairs, Inc. for Legislative Advocacy Services
22-1078
Authorize the City Manager to execute Amendment
No. 2 to the Agreement with Townsend Public Affairs,
Inc. to extend the term of the agreement through
January 29, 2024 and increase the total not to exceed
amount from $252,000 to $342,000.
Recommendation:
3.I Informational Report on 2022 Q3 Legislative Updates22-940 Note and file the informational report on 2022 Q3
legislative updates.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
3.J Action on Amendment No. 3 with Wallace Roberts and Todd, LLC (WRT) for the City Hall Relocation Study and Related Budget Amendment
22-1204
1. Authorize the City Manager to execute Amendment
No. 3 to the Agreement with Wallace Roberts and
Todd, LLC (WRT) for the City Hall Relocation Study
at a total cost not to exceed $1,331,706.
2. Approve the following FY 2022/23 budget
amendments:
a. In the General Government Capital Fund,
recognize a transfer of $28,360 from the Electric
Utility Capital Fund and increase the Precise Plan
for Downtown project by $28,360 (five affirmative
Council votes); and
b. In the Electric Utility Capital Fund, establish a
transfer to the General Government Capital Fund
in the amount of $28,360 and reduce the Electric
Yard Buildings and Grounds project by $28,360
(five affirmative Council votes required).
Recommendation:
3.K Adopt the Resolution Amending the City of Santa Clara Conflict of Interest Codes for Designated Positions as Required by the Political Reform Act Conflict of Interest Code Biennial Update 22-1102
Adopt the Resolution amending the City of Santa
Clara Conflict of Interest Code required by the
Political Reform Act and Regulations of the Fair
Political Practices Commission
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
3.L Action to Authorize the City Manager to Negotiate, Execute, and Administer an Infrastructure Fee Credit and Fee Reimbursement Agreement with 2302 Calle Del Mundo, LLC and USA BH 26 for the Tasman East Specific Plan Area and Related Budget
Amendment
22-1121
1. Authorize the City Manager to negotiate, execute,
and administer a three-party Infrastructure Fee
Credit and Fee Reimbursement Agreement with
2302 Calle Del Mundo, LLC and USA BH 26 to
allow for a reimbursement of $1,771,716 to 2302
Calle Del Mundo, LLC and $1,423,145 to USA BH
26;
2. Authorize the City Manager to execute any and all
documents necessary for or associated with the
Infrastructure Fee Credit and Fee Reimbursement
Agreement, including payments to 2302 Calle Del
Mundo, LLC and USA BH 26; and
3. Approve the FY 2022/23 budget amendment in the
Tasman East Infrastructure Improvement Fund to
recognize impact fee revenue in the amount of
$2,413,605, increase the Tasman East Developer
Reimbursement project in the amount of $345,177,
and increase the unrestricted ending fund balance
in the amount of $2,068,428 (five affirmative
Council votes required to appropriate
additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
3.M Action on Adoption of a Resolution Establishing the Necessary Findings of Fact for Modifications to the California Building Standards; Action on Introduction of an Ordinance Amending Title 15 (“Buildings and Construction ”) of “The Code of the City of Santa Clara, California” for the Adoption of the 2022 California Building Standards Code; and Setting November 1, 2022 for a Public Hearing on Adoption of such Ordinance 22-1013
1. Introduce an Ordinance amending Chapter 15.05
("Administrative Code"), Chapter 15.15 (“Building
Code”), Chapter 15.17 (“Residential Code”), Chapter
15.18 ("Property Maintenance Code"), Chapter 15.20
(“Electrical Code”), Chapter 15.30 (“Mechanical
Code”), Chapter 15.35 (“Plumbing Code”), Chapter
15.36 (“Energy Code”), Chapter 15.37 (“Historical
Building Code”), Chapter 15.38 (“Green Building
Code”), and Chapter 15.75 ("Existing Building Code")
of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” for the adoption of the 2022 California Building Standards Code;
2. Adopt a Resolution Making Findings of Fact
Necessary for the Specified
Modifications to the 2022 California Building Code
and 2022 California Residential Code Reflected in
the Proposed Ordinance; and
3. Set a public hearing on November 1st, 2022
pursuant to California Government Code Section
50022.3 for adoption of the Ordinance.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
3.N Action to Adopt a Resolution Establishing the Necessary Findings of Fact for Amendments to the California Building Standards; Action to Waive First Reading and Approve
Introduction of an Ordinance Adopting the 2022 California Fire Code, as Amended, as the 2022 Santa Clara Municipal Fire and Environmental Code (SCCC Chapter 15.60); and Setting
November 1, 2022 for a Public Hearing on Adoption of Said Ordinance
22-1020
1. Waive first reading and approve introduction of an
ordinance amending Chapter 15.60 of the Santa
Clara City Code (“Santa Clara Municipal Fire and
Environmental Code”) to adopt the 2022 California
Fire Code, as amended;
2. Adopt a Resolution establishing the findings of fact necessary for the specified amendments to the 2022
California Fire Code reflected in the proposed
Ordinance, as a subset of the California Building
Standards; and
3. Set a public hearing on November 1, 2022, for final
adoption of the ordinance amending Chapter 15.60 of
the Santa Clara City Code (“Santa Clara Municipal
Fire and Environmental Code”) to adopt the 2022
California Fire Code, as amended.
Recommendation:
3.O Action on the Introduction of a Draft Ordinance (All-Electric Building Electrification Reach Codes Including EV Charging) 22-1106
Staff recommend that City Council:
1. Introduce an Ordinance updating the 2022
Reach Code of Santa Clara to the 2022
California Code Cycle and
2. Set a public hearing on November 1st, 2022,
pursuant to Government Code Section
50022.3, for adoption of the Ordinance.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
3.P Action on Adoption of a Resolution of Intention to Approve an Amendment to the Contract Between the Board of
Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees; and to Waive First Reading and Approve the Introduction of an
Ordinance Amending the Contract Between the Board of
Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees
22-1230
1. Adopt Resolution of Intention to Approve an
Amendment to the Contract Between the Board of
Administration of the California Public Employees’
Retirement System and the City Council of the City of
Santa Clara to Eliminate a Clause Relating to
Temporary Employees;
2. Waive First Reading and Approve the Introduction
of an Ordinance Amending the Contract Between the
Board of Administration of the California Public
Employees’ Retirement System and the City Council
of the City of Santa Clara to Eliminate a Clause
Relating to Temporary Employees; and
3. Authorize City Manager to Execute Amendment to
the Contract Between the Board of Administration of
the California Public Employees’ Retirement System
and the City Council of the City of Santa Clara.
Recommendation:
3.Q Action to Waive Second Reading and Adopt Ordinance No . 2051 Approving the Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project, in Accordance with City Charter Section 714.1
22-1279
Waive Second Reading and Adopt Ordinance No.
2051 Approving the Schematic Design for the Central
Park Entrance, Accessibility, and Parking
Improvements Project, in Accordance with City
Charter Section 714.1
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
3.R Action to Waive Second Reading and Adopt 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
22-1293
Waive Second Reading and Adopt 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.
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
4.A Action on Stadium Authority Bills and Claims for the Month of July 2022
22-1087
Approve the list of Stadium Authority Bills and Claims
for July 2022.
Recommendation:
4.B Adopt the Stadium Authority ’s Resolution Amending the Conflict of Interest Code for Designated Positions as Required by the Political Reform Act and Regulations of the Fair Political Practices Commission
22-1103
Adopt the Resolution amending the Stadium Authority
Conflict of Interest Code required by the Political
Reform Act and Regulations of the Fair Political
Practices Commission.
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. Items related to Civil Grand Jury Reports
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 2022
5.A Transmittal Report on Grand Jury Reports (For Information Only):
1. “If You Only Read the Ballot, You're Being Duped,” dated October 7, 2022
2. “Unsportsmanlike Conduct: Santa Clara City Council,” dated October 10, 2022
22-1294
Staff makes no recommendation.Recommendation:
5.B Action on a Council Written Request (Council Policy 030) Submitted by Mayor Gillmor Requesting to Place an Agenda Item at a Future Council Meeting to Take Action on the Mayor ’s proposal for a Santa Clara Anti -Corruption Reform Plan in response to the Santa Clara County Grand Jury Report titled “Unsportsmanlike Conduct: Santa Clara City Council”
22-1290
Staff makes no recommendation.Recommendation:
5.C 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 Discuss:
The Grand Jury Report and how to respond to the Findings and Recommendations and how the City might implement some of the Recommendations and Discuss Workplan and Schedule for the Governance and Ethics Committee
22-1289
Staff makes no recommendation.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Tentative Meeting Agenda Calendar (TMAC)22-1280
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, November 1, 2022 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda October 18, 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 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.