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
3:00 PMTuesday, February 7, 2023
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. 22-9178 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 (located at the Legislative Public Meetings Page https://santaclara.legistar.com/Calendar.aspx)
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 February 7, 2023, at 3:00 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 - 3:00 PM | Regular Meeting - 7:00 PM
3:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
Council and Authorities Concurrent
Meeting
Meeting Agenda February 7, 2023
1.A Public Employment Appointment (Government Code §§ 54957, subd. (b)(1) and 54954.5, subd. (e))
Title: Interim City Manager
23-204
1.B Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
County Sanitation District 2-3, et al. v. City of Santa Clara, et al ., Santa Clara County Superior Court Case No. 18CV325480
(Deferred from January 7, 2023)
23-72
1.C Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
Bloom Energy Corporation, et al. v. City of Santa Clara, et al ., Santa Clara County Superior Court Case No. 21CV383800
23-128
1.D Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(1)
Forty Niners SC Stadium Company LLC v. Santa Clara Stadium Authority, JAMS Consolidated Case No. 1110024318
23-35
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 COUNCIL REGULAR/SPECIAL 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
COUNCIL CONSENT ITEMS PULLED FOR DISCUSSION AND DEFERRED FROM JANUARY 31, 2023
Council and Authorities Concurrent
Meeting
Meeting Agenda February 7, 2023
2.A Board, Commissions and Committee Minutes (Deferred from January 31, 2023)
23-205
Note and file the Minutes of:
Parks & Recreation Commission - November 15,
2022
Recommendation:
2.B Action on the Approval of Officer Wellness and Mental Health Grant Program Funding from the Board of State and Community Corrections and Approve Related Budget Amendment (Deferred from January 31, 2023)
23-198
1. Approve Officer Wellness and Mental Health
Grant Program Funding from the Board of
State and Community Corrections; and
2. Approve the FY 2022/23 budget amendment in
the Police Operating Grant Trust Fund to
recognize grant revenue in the amount of
$98,282 and establish a Board of State and
Community Corrections appropriation in the
amount of $98,282 (five affirmative Council
votes required to appropriate additional
revenue).
Recommendation:
2.C Action on Appointments to City Committees and Outside Agency Committees for the 2023 Calendar Year (Deferred from January 31, 2023)
23-199
Approve the appointments to the 2023 City
Committees and Outside Agency Committees.
Recommendation:
STADIUM AUTHORITY CONSENT ITEMS PULLED FOR DISCUSSION AND DEFERRED FROM JANUARY 31, 2023
3.A Informational Report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period of July 1 to September 30, 2022 (Deferred from January 31, 2023) 23-200
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and
corresponding minutes for the period of July 1 to
September 30, 2022.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 7, 2023
3.B Action on Request Submitted by the Stadium Manager to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage Elements, and Procure Event-Related Signage Products for Levi’s Stadium (Stadium Event Signage CapEx Project) (Deferred from January 31, 2023)
3.B.1 Request from the Stadium Manager to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage
Elements, and Procure Event -Related Signage Products for Levi’s Stadium (Stadium Event Signage CapEx Project )
(Deferred from January 31, 2023)
23-201
3.B.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage Elements, and Procure Event-Related Signage Products for Levi ’s Stadium (Stadium Event Signage CapEx Project) (Deferred from January 31, 2023)
23-202
1. Approve the Stadium Manager’s request to
award a one-time agreement to Fluoresco
Services, LLC to repaint select existing
signage elements, install newly fabricated
signage elements, and procure specified
event-related signage products for Levi’s
Stadium (Stadium Event Signage CapEx
Project) in the amount of $120,695;
2. Authorize the Executive Director’s Office
consistent with properly delegated authority or
existing policy to approve the Stadium
Manager’s execution of any and all documents
associated with, and necessary for the award,
completion, and acceptance of the project; and
3. Authorize the Executive Director’s Office
consistent with properly delegated authority or
existing policy to approve the Stadium
Manager’s execution of change orders up to
$4,028 of the contract cost, for a total not to
exceed construction agreement amount of
$124,723.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 7, 2023
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 Bills and Claims Report (CC, SCSA, HA, SOSA) for the period December 4, 2022 - January 6, 2023
23-53
Approve the list of Bills and Claims for December 4,
2022 - January 6, 2023.
Recommendation:
4.B Action on an Agreement with O ’Dell Engineering, Inc. for Design Professional Services for the Warburton Park Playground Rehabilitation Project
23-1517
1. Authorize the City Manager to execute an
agreement with O’Dell Engineering, Inc. to provide
professional engineering services for the Warburton
Park Playground Rehabilitation Project, with maximum
compensation not-to-exceed $128,425;
2. Authorize the City Manager or his/her designee to
execute change orders limited to the deletion,
addition, or modification of services, which result in no change to the compensation or any other term or
condition of the Agreement with O’Dell Engineering,
Inc.; and
3. Authorize the City Manager to execute amendments
to the Agreement with O’Dell Engineering, Inc. to
make minor revisions and to extend the term, as
needed.
Recommendation:
4.C Action on an Agreement with David L. Gates & Associates, Inc . for Design Professional Services for the Henry Schmidt Park Playground Rehabilitation Project
23-1532
1. Authorize the City Manager to execute an
agreement with David L. Gates, Inc. to provide
professional design and engineering services for the
Henry Schmidt Park Playground Rehabilitation
Project, with maximum compensation not-to-exceed
$109,566; and
2. Authorize the City Manager to execute amendments
to the Agreement with David L. Gates, Inc. to make
minor revisions and to extend the term, as needed.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 7, 2023
4.D Action to Authorize the City Manager to Complete Negotiations, Approve and Execute an Energy Storage Agreement and Lease Agreement with Kifer Energy Storage, LLC and Equipment
Procurement
23-94
1. Authorize the City Manager to negotiate, approve,
and execute the following agreements with Kifer
Energy Storage, LLC: a) an Energy Storage
Agreement for the purchase of energy storage
services from the BESS project; and b) Lease
Agreement to locate the BESS project at 3025
Raymond Street in the City of Santa Clara;
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 the Energy Storage Agreement and
Lease Agreement;
3. Authorize City Manager to approve and execute
amendments to the Energy Storage Agreement
and Lease Agreement, as may be required from
time to time, so long as the contract price and
length of the agreements remain unchanged; and
4. Authorize the City Manager to procure long lead
equipment for the BESS project and execute any
related agreements.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 7, 2023
4.E Action on Approval of the Spending Plan for Supplemental Law Enforcement Services Fund and Related Budget Amendment
23-1418
1. Approve the spending plan for funds received from
the Citizen’s Option for Public
Safety Programs Supplemental Law Enforcement
Services Fund; and
2. Approve a FY 2022/23 budget amendment in the
Police Operating Grant Trust Fund
to recognize revenue in the amount of $130,737 for
the COPS 22 grant and $200,980
for the COPS 23 grant, increase the Citizen’s Option
for Public Safety FY 2021/22
appropriation in the amount of $130,737, and
establish the Citizen’s Option for Public
Safety FY 2022/23 appropriation in the amount of
$200,980 (five affirmative Council
votes required to appropriate additional
revenue).
Recommendation:
4.F Approve Budget Amendments for the 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Award, and
Unfreeze 12.0 Firefighter I /II Positions and Add 6.0 Firefighter I /II Positions to be Funded by the 2021 SAFER Grant
23-170
1. Approve the FY 2022/23 budget amendment
in the Fire Operating Grant Trust Fund to
recognize revenue from the Department of
Homeland Security in the amount of $563,484
and establish a FY 2021 SAFER grant
appropriation in the amount of $563,484 (five
affirmative Council votes required to
appropriate additional revenue); and
2. Approve the unfreezing of 12.0.0 Firefighter I/II
positions and addition of 6.0 Firefighter I/II
positions in the Fire Department.
Recommendation:
4.G Action on a Resolution Terminating the Proclamation of Existence of a Local Emergency by the Director of Emergency Services
23-176
Adopt a Resolution Terminating the Proclamation of
Existence of a Local Emergency by the Director of
Emergency Services.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 7, 2023
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. Receive Silicon Valley Power Quarterly Update23-51
Note and file the Silicon Valley Power Quarterly
Update.
Recommendation:
6. Report on a Written Petition (Council Policy 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Allocating up to $ 150,000 to Create a Neighborhood Stadium Relations Committee Using Funds from the Stadium Authority Budget
23-1452
Staff makes no recommendation.Recommendation:
7. Informational Report on a Written Petition (Council Policy 030) Submitted by Anurag Aggrawal and Ajay Thadhlani and Other Residents of North Santa Clara Near Levi ’s Stadium which Requested a Debrief of the Noise Levels Associated with the Coldplay Concert Held on Sunday, May 19, 2022. ( Deferred from January 10, 2023)
23-74
Note and File the Informational ReportRecommendation:
8. Report on Noise from New Construction that was Approved by the City as Requested Through a Written Petition (Council Policy 030), Submitted by Joseph P. Goschy
23-88
Note and file the report.Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 7, 2023
9. Action on a Resolution to Approve an Employment Agreement between the City of Santa Clara and Jovan D. Grogan for City Manager Appointment, Annual Salary of Four Hundred and Five Thousand and Fifty -Six Dollars, and Forty Cents ($405,056.40) and Resolution to Amend Salary Survey for the City Manager Position to Reflect the Same
23-213
1. Action on Appointment of City Manager and
Approval of the Employment Agreement
between City of Santa Clara and Jovan Grogan
effective May 1, 2023, which sets the annual
salary at $405,056.40 and terms and
conditions of employment; and
2. Adopt a Resolution to approve the revised
unclassified salary plan for the position of City
Manager to satisfy the requirements of
California Code of Regulations Section 570.5
effective May 1, 2023
Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Tentative Meeting Agenda Calendar (TMAC)23-50
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, February 21, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda February 7, 2023
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.