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
7:00 PMTuesday, February 21, 2023
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and 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 (located at the Legislative Public Meetings Page https://santaclara.legistar.com/Calendar.aspx)
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Sana Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or [email protected].
Closed Session - 4:00 PM | Regular Meeting - 7:00 PM
4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
1.A Public Employment Appointment (Government Code §§ 54957, subd. (b)(1) and 54954.5, subd. (e))
Title: Interim City Manager
23-269
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 (Deferred from January 31, 2023)
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)
23-203
1.C Conference with Legal Counsel -Existing Litigation (CC)Pursuant to Gov. Code § 54956.9(d)(1)
Republic Metropolitan LLC v. City of Santa Clara, et al ., Santa Clara County Superior Court Case No. 22CV393667
23-207
1.D Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 981 Fremont Street, Santa Clara, CA 95050; APN 984-12-011
City/Authority Negotiator: City Manager (or designee)
Negotiating Parties: Jeff Riser, Kappa Alpha Theta; Teresa Smith, Fraternity Housing Corporation
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
23-257
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
1.E 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
23-241
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 the Wilcox High School Robotics Team23-189
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 Joint Council and Authorities & Stadium Authority Meeting Minutes of October 18, 2022
23-212
Approve the Joint Council and Authorities & Stadium
Authority meeting minutes of October 18, 2022.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
3.B Board, Commissions and Committee Minutes23-07
Note and file the Minutes of:
Historical and Landmarks Commission - December 1,
2022
Cultural Commission - January 9, 2023 (Special
Meeting)
Neighborhood University Relations Committee -
December 12, 2022
Recommendation:
3.C Action on Monthly Financial Status and Investment Reports for December 2022 and Approve the Related Budget Amendments 23-149
Note and file the Monthly Financial Status and
Investment Reports for December 2022 as presented
and Approve the Related Budget Amendments (five
affirmative Council votes required to appropriate
additional revenue or for the use of unused balances).
Recommendation:
3.D Action on the Santa Clara Convention Center FY 2022/23 2nd Quarter Financial Status Report
23-55
Note and file the Santa Clara Convention Center
Financial Status Report for the 2nd Quarter ending
December 31, 2022, as submitted by OVG.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
3.E Action on Award of Contract for the Citywide Emergency Generator Replacement Phase 2 Project to Redwood
Engineering Construction, Related Budget Amendments, and Adopting a Class 1 CEQA Categorical Exemption
23-1463
1. Adopt a Class 1 Categorical Exemption under
CEQA Guidelines Section 15301;
2. Award the Public Works Contract for the Citywide
Emergency Generator Replacement Phase 2
Project to the lowest responsive and responsible
bidder, Redwood Engineering Construction, in the
amount of $2,739,000 and authorize the City
Manager to execute any and all documents
associated with, and necessary for the award,
completion, and acceptance of this Project;
3. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $410,850, for a total not
to exceed amount of $3,149,850; and
4. Approve the following FY 2022/23 Budget
Amendments:
A. In the Water Utility Capital Fund, establish a
Transfer to the Public Buildings Capital Fund and
decrease the Unrestricted Ending Fund Balance
in the amount of $1,263,050 (five affirmative
Council votes required for the use of
unused balances);
B. In the General Fund, establish a Transfer to the
Public Buildings Capital Fund and decrease the
Reserve for Programmed Capital Projects in the
amount of $80,000 (five affirmative Council
votes required for the use of unused
balances); and
C. In the Public Buildings Capital Fund, establish a
Transfer from the Water Utility Capital Fund in
the amount of $1,263,050 and a Transfer from
the General Fund - Reserve for Programmed
Capital Projects in the amount of $80,000 and
increase the Standby Stationary Generators
project in the amount of $1,343,050 (five
affirmative Council votes required to
appropriate additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
3.F Action on Award of Contract for the Central Park Magical Bridge Playground Project to Robert A Bothman Construction, S&H Construction Bid Withdrawal, Related Budget Amendments, and Adopting a Class 1 CEQA Categorical Exemption
23-1529
1. Adopt the findings of Council contained in this
report, pursuant to California Public Contract Code
section 5103, et seq., and relieve S&H
Construction, Inc., of its bid for the Central Park
Magical Bridge All-Inclusive Playground Project;
2. Adopt a Class 1 Categorical Exemption under
CEQA Guidelines Section 15301;
3. Award the Public Works Contract for the Central
Park Magical Bridge All-Inclusive Playground
Project to the lowest responsive and responsible
bidder, Robert A Bothman Construction, in the
amount of $7,595,000 and authorize the City
Manager to execute any and all documents
associated with, and necessary for the award,
completion, and acceptance of this Project;
4. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $1,139,250, for a total not to exceed amount of $8,734,250; and
5. Approve the following FY 2022/23 budget
amendment in the Parks and Recreation Capital
Fund to increase the Central Park Magical Bridge
Playground project appropriation by $4,363,500
and increase the Parks and Recreation Capital
Fund Mitigation Fee Act revenue estimate by the
same amount (five affirmative Council votes
required to appropriate additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
3.G Action on Agreements for Services with Stephens Mechanical Corporation, Axis Mechanical Group, Inc, and Performance Mechanical, Inc. for Millwright Services
23-96
1. Determine the proposed actions are exempt from
CEQA pursuant to Section 15301 of Title 14 of the
California Code of Regulations;
2. Authorize the City Manager to negotiate and
execute Amendment No. 1 to the Agreement with
Stephens Mechanical Corporation for as needed
millwright services increasing the maximum
compensation to $1,000,000 for a five-year term
ending on October 31, 2027;
3. Authorize the City Manager to negotiate and
execute Agreements for Services with Axis
Mechanical Group, Inc. and Performance
Mechanical Inc. for as needed millwright services
with a maximum compensation of $1,000,000
each and a five-year term ending on or around
March 31, 2028;
4. Authorize the City Manager to negotiate and
execute amendments to these agreements to (a)
add or delete services consistent with the scope of
services for the agreements (b) adjust future rates
subject to the appropriation of funds; (c) increase
maximum compensation up to an aggregate
maximum compensation of $15,000,000 over a
five-year period; and (d) extend the term of the
agreements and increase maximum
compensation by $15,000,000 for an aggregate
compensation of $30,000,000 over a ten-year
period, subject to the annual appropriation of
funds; and
5. Authorize the City Manager to take any actions as
necessary to implement and administer the
agreement
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
3.H Action to Delegate Authority to the City Manager to Negotiate and Execute an Agreement for Services with International Cooling Tower to Overhaul a Cooling Tower and to Perform Ongoing As -needed Maintenance and Repair Services at the Donald Von Raesfeld Power Plant for Silicon Valley Power 23-1586
1. Determine that the proposed actions are
categorically exempt from CEQA pursuant to
Section 15301 of Title 14 of the California Code of
Regulations;
2. Authorize the City Manager to negotiate and
execute an Agreement for Services with
International Cooling Tower for a five-year term
beginning on or around March 1, 2023, with a
maximum compensation not to exceed $2,000,000
to perform ongoing as-needed maintenance and
repair services at the Donald Von Raesfeld Power
Plant for Silicon Valley Power; and
3. Authorize the City Manager take any and all actions
as are necessary or advisable to implement and
administer the Agreement and negotiate and
execute amendments to the Agreement to (a) to
add or delete services consistent with the scope of
the services for the Agreement, (b) incorporate
future rate adjustments, and (c) increase maximum
compensation up to a total maximum compensation
of $3,000,000 subject to the appropriation of funds.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
3.I Authorize the City Manager to Negotiate and Execute Amendment No. 2 to the Agreement for Distributed Control System Upgrade /Replacement Project with Emerson Process Management Power and Water Solutions
23-210
1. Determine the proposed actions are exempt from
CEQA pursuant to Section 15301 of Title 14 of the
California Code of Regulations;
2. Authorize the City Manager to negotiate and
execute Amendment No. 2 to the Agreement for
Distributed Control System Upgrade /Replacement
Project with Emerson Process Management
Power and Water Solutions increasing maximum
compensation by $8,275,000 from $3,725,000 to
$12,000,000 and extending the term through
December 31, 2030;
3. Authorize the City Manager to negotiate and
execute additional amendments as needed to (a)
add or delete services consistent with the scope of
services for the agreement, (b) adjust future rates,
and (c) increase maximum compensation to a not
to exceed amount of $ 15,000,000, subject to the
appropriation of funds; and
4. Authorize the City Manager to take any actions as
necessary to implement and administer the
agreement.
Recommendation:
3.J Action on the Fourth Amendment to the Memorandum of Agreement with Santa Clara Valley Municipalities to Allow for the Continuation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
23-43
Authorize the City Manager to execute the Fourth
Amendment to the Memorandum of Agreement with
Santa Clara Valley Municipalities to Allow for the
Continuation of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
3.K Action on the Schematic Design - Master Plan for the New Public Mini Park at 2263 Calle Del Mundo (Ensemble
Investments/Rethink Development - Tasman East Specific Plan) 23-126
Approve the proposed Schematic Design - Master
Plan for the New Public Mini Park at 2263 Calle Del
Mundo.
Recommendation:
3.L Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations
23-158
Determine the proposed actions are exempt from
CEQA pursuant to Sections 15302 (c) and 15303 of
Title 14 of the California Code of Regulations and
adopt a Resolution authorizing the use of City Electric Forces for work detailed in this Report to Council
located at Scott Boulevard and Harrison Street, 3402
El Camino Real, 4062 Davis Street, 5407 Stevens
Creek Boulevard, 2225 Calle de Luna, and 2620
Tuliptree Lane.
Recommendation:
3.M Action on the Proposed Schematic Design - Master Plan for a New Public Mini Park at 3000 Patrick Henry Drive (SummerHill) 23-129
Approve the proposed Schematic Design - Master
Plan for the New Public Mini Park at 3000 Patrick
Henry Drive.
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
4. Action on Stadium Authority Bills and Claims for the Month of December 2022
23-56
Approve the list of Stadium Authority Bills and Claims
for December 2022.
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
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
5. Action on Appointment to Cities Association of Santa Clara County Board of Directors (Alternate Member) for the 2023 Calendar Year
23-263
Staff makes no recommendation.Recommendation:
6. 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
2022-2023
23-182
Adopt a Resolution ordering the abatement of a
nuisance consisting of growing weeds in the City.
Recommendation:
7. Action on Agreement for Services with Wilson, Ihrig & Associates for Noise Monitoring System and Services for the Levi’s Stadium
23-157
Alternative 1:
Approve and authorize the City Manager’s Office,
consistent with properly delegated authority or existing policy, to execute an agreement with Wilson Ihrig for
Noise Monitoring System and Services for the Levi’s
Stadium, including the use of two fixed monitoring
sites, for a five year term starting on April 1, 2023 and ending on March 31, 2028 for a total maximum
compensation amount not to exceed $296,000,
subject to Santa Clara Stadium Authority
appropriation of funds.
Recommendation:
WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL
8. Action on a Written Petition (Council Policy 030), Submitted by Laurel Anderson Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss Approval of a Dog Park at Earl Carmichael Park on Benton Street
23-261
Staff makes no recommendation.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Update on City Council and Stadium Authority Staff Referrals22-906
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 2023
Tentative Meeting Agenda Calendar (TMAC)23-255
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, March 7, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda February 21, 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)
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.
Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings via Zoom as noted on the agenda 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.
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