City of Santa Clara
Joint Meeting Agenda of the
Council and Authorities Concurrent &
Santa Clara Stadium Authority
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
4:00 PMTuesday, March 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
o Phone 1 (669) 900-6833
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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].
How to Submit Written Public Comment Before City Council Meeting:
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
Closed Session - 4:00 PM | Study Session - 6:00 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1.A 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
(Deferred from February 21, 2023)
23-326
1.B 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)
23-363
1.C 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
23-429
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)
6:00 PM STUDY SESSION
Call to Order in the Council Chambers
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
2. Update on the Santa Clara Valley Transportation Authority's BART Silicon Valley Phase II Extension Project
23-147
There is no staff recommendation.Recommendation:
7:00 PM JOINT COUNCIL/STADIUM AUTHORITY MEETING
*Open Session to be heard 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
3.A Proclaim Women’s History Month for March 202323-90
3.B Proclaim March 2023 as Youth Arts Month23-265
3.C Presentation by Cultural Commission on Projects and Upcoming Special Events
23-253
3.D Verbal Report Update from Assistant Director of Water and Sewer Regarding the Local Drought Emergency
23-333
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.]
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
4.A Action on the Minutes of November 16, 2022 Special Council Meeting; November 30, 2022 Special Council Meeting;
December 6, 2022 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; December 8, 2022 Special Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; December 13, 2022 Council and Authorities Concurrent Meeting; and December 16, 2022 Special City Council Meeting.
23-405
Approve the Meeting Minutes of November 16, 2022
Special Council; November 30, 2022 Special Council;
December 6, 2022 Council and Authorities
Concurrent and Special Santa Clara Stadium
Authority; December 8, 2022 Special Council and
Authorities Concurrent and Special Santa Clara
Stadium Authority; December 13, 2022 Council and
Authorities Concurrent; and December 16, 2022
Special City Council.
Recommendation:
4.B Board, Commissions and Committee Minutes23-09
Note and file the Minutes of:
Board of Library Trustees - November 7, 2022
Board of Library Trustees - December 5, 2022
Cultural Commission - February 6, 2023
Governance and Ethics Committee - December 5,
2022
Governance and Ethics Committee - June 7, 2021
Recommendation:
4.C Action on Monthly Financial Status and Investment Reports for January
2023, Approve the Related Budget Amendments, and
Approve the Deletion of Two Part Time Librarian Positions and Addition of One Full Time Librarian Position in the Library Department
23-316
Note and file the Monthly Financial Status and
Investment Reports for January 2023 as presented,
Approve the Related Budget Amendments, and
Approve the Deletion of Two Part Time Librarian
Positions and Addition of One Full Time Librarian
Position in the Library Department (five affirmative
Council votes required to appropriate additional
revenue or for the use of unused balances).
Recommendation:
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
4.D Action on:
(1) Adoption
of a Class 2 Categorical Exemption under CEQA
Guidelines Section 15302;
(2) Approval of Amendment No. 1 to the Existing Deposit Agreement with Intel Corporation, and Approval of a Second Deposit Agreement with Intel, Relating to the Juliette Substation Project;
(3) Approval of Amendment No. 1 to the Deposit Agreement with West Valley Mission Community College District Related to a Battery Storage Project;
(4) Approval of a Deposit Agreement with Innovation Commons Owner, LLC Related to the Democracy Substation Project; (5) Approval of the Form of a Model Deposit Agreement and Grant Authority to City Manager to Execute Future Deposit Agreements Conforming to the Approved Model Form, and
Authority to City Attorney to Modify Terms and Conditions of the Model Deposit Agreement;
(6) Approval of Purchase Order to Eaton Corporation for Switchgear Associated with the Mission College Project, and Authorize City Manager to Issue Future Purchase Orders to Eaton Corporation Up to a Maximum of $1,500,000; and
(7) Approve Related Budget Amendments
23-101
1. Adopt a Class 2 Categorical Exemption under
CEQA Guidelines Section 15302;
2. Authorize the City Manager to execute Amendment
No. 1 to the Deposit Agreement with Intel
Corporation increasing the deposit amount by
$1,783,180 from $827,000 to $2,610,180 and ratify
the underlying agreement executed on June 14,
2022;
3. Authorize the City Manager to execute a second
Deposit Agreement with Intel Corporation for
engineering services associated with adding a third
transformer at the Juliette Substation in the amount
of $1,702,313;
4. Authorize the City Manager to execute Amendment
No. 1 to the Deposit Agreement with West Valley
Mission Community College District increasing the
deposit amount by $131,250 from $372,750 to
$504,000 and ratify the underlying agreement
executed on March 28, 2022;
Recommendation:
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
5. Authorize the City Manager to execute a Deposit
Agreement with Innovation Commons Owner, LLC
in the amount of $787,500;
6. Approve a model Deposit Agreement in the form
attached hereto and authorize the City Manager to
negotiate, approve, and execute Deposit
Agreements and any amendments thereto which
are in substantial conformance with these terms
and conditions and to take any actions as
necessary to implement and administer the
agreement and authorize the City Attorney to make
modifications to the terms of the model Deposit
Agreement;
7. Authorize a Purchase Order to Eaton Corporation
in an amount not to exceed $400,000 for
switchgear associated with the Mission College
project and authorize future Purchase Orders to
Eaton Corporation for future SVP projects up to a
maximum of $1,500,000 subject to the following (1)
available appropriations, (2) conformance with
Purchasing Ordinance and Purchasing guidelines,
(3) environmental review where required; and
8. Approve the FY 2022/23 budget amendments in the
Electric Utility Capital Fund to increase the
estimate for Other Revenue by $3,099,993,
increase the Juliette Substation Transformer Rerate
and Installation Project by $2,312,493, and
establish the Democracy Substation project in the
amount of $787,500 (five affirmative Council
votes required to appropriate additional
revenue).
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
4.E Action on the First Amendment to the Power Purchase and Sale Agreement
for Electricity from Qualifying Renewable Resources
by and Between the City of Santa Clara and Ameresco Forward, LLC
23-100
1. Approve and authorize the City Manager to execute
the First Amendment to the Power Purchase and
Sale Agreement for Electricity from Qualifying
Renewable Resources with Ameresco Forward
LLC in substantially the form attached to this Report
to Council; and
2. Authorize the City Manager to approve and execute
future modifications to the First Amendment and
take any and all actions as necessary or advisable
to implement and administer the power purchase
and sale agreement.
Recommendation:
4.F Action to Approve Amendments to 2020 Installment Sale Agreement that Financed Capital Improvements at the San José-Santa Clara Regional Wastewater Facility (RWF)
23-169
That the Council:
1. Adopt the Resolution approving the First
Amendment to Installment Sale Agreement; and
2. Authorize the Chief Operating Officer to execute all required agreements necessary to consummate any
of the transactions contemplated by the agreements
and documents approved under the Resolution.
That the Financing Corporation:
1. Adopt the Resolution approving the First
Amendment to Installment Sale Agreement; and
2. Authorize the Director of Finance to execute all
required agreements necessary to consummate any
of the transactions contemplated by the agreements
and documents approved under the Resolution.
Recommendation:
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
4.G Action on a Resolution Acknowledging Receipt by City Council of
a State-Mandated Compliance Report on Required Annual
Fire Inspections of Certain Occupancies
23-188
Adopt a Resolution acknowledging receipt of a report
made by the Fire Chief of the Santa Clara Fire
Department regarding the inspection of certain
occupancies requiring annual inspections in such
occupancies pursuant to sections 13146.2 and
13146.3 of the California Health and Safety Code.
Recommendation:
4.H Informational Report on Traffic Calming Study Criteria Related to 85th Percentile Speed and Traffic Volumes
23-99
Note and File the Informational Report on Traffic
Calming Study Criteria Related to 85th Percentile
Speed and Traffic Volumes
Recommendation:
4.I Actions to Approve Various Modifications to Existing Classified and
Unclassified Class Specifications, and Adopt a Resolution Approving and Adopting the Updated Unclassified Salary Plan 23-408
1. Approve modifications to the Permit Technician
(Job Code 621) Classification Specification;
2. Approved modifications to the Jail Services Office
(Job Code 353) Classification Specification;
3. Approve modifications to the Electric Program
Manager (Job Code 424) Classification
Specification;
4. Approve modifications to the Emergency Services
Coordinator (Job Code 106) Classification
Specification; and
5. Adopt a Resolution to approve the revised
unclassified salary plan to satisfy the requirements
of California Code of Regulations Section 570.5.
Recommendation:
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
4.J Action on a Resolution Authorizing the Use of City Electric Forces
for New Dark Fiber Installations at Various Locations;
determine the proposed actions are exempt from CEQA
pursuant to sections 15302(c) and 15303 (d) of Title 14 of the California Code of Regulations
23-270
Determine the proposed actions are exempt from
CEQA pursuant to sections 15302(c) and 15303 (d)
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 located at 2421 Mission College Boulevard to 2972 Stender Way,
3301 Bassett Street (Storm SCADA), Well 8 - 3095
Forbes Avenue (W&S SCADA), Well 12 - 3277 San
Juan Avenue (W&S SCADA), 2900 Old Mountain
View Alviso Road (Storm SCADA), Well 9 - 3330
Pruneridge Avenue (W&S SCADA), Well 13 - 1098
Santa Clara Street (W&S SCADA), and 3575 Victor
Street (Storm SCADA).
Recommendation:
4.K Action to Approve a Resolution of Intention to Reimburse Expenditures
from the Proceeds of Tax-Exempt Financing for
Capital Improvements at the San José-Santa Clara Regional Wastewater Facility (RWF)
23-271
Approve the Resolution of Intention to Reimburse
Expenditures From the Proceeds of Tax-Exempt
Financing for Capital Improvements at the San
José-Santa Clara Regional Wastewater Facility
(RWF)
Recommendation:
4.L Action on 2023 Legislative Advocacy Positions23-57
Adopt the 2023 Legislative Advocacy Positions on
Broadband, Cable Services, and Wireless
Telecommunications Facilities; Community Services;
Emergency Management; Energy Legislation,
Regulations and Issues; Housing; Human Resources
and Public Sector Employment; Public Safety;
Regional Issues and Collaboration; Sustainability and
Environmental Protection; Transportation Issues; and
Water Supply and Conservation.
Recommendation:
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
4.M Accept the 2022 General Plan Annual Progress Report23-268 Accept the General Plan Annual Progress Report as
presented by staff.
Recommendation:
4.N Action on the Appointment of Councilmember Karen Hardy to the
Bay Area Water Supply and Conservation Agency
(BAWSCA) and the San Francisco Bay Area Regional Water
System Financing Authority (RFA)
23-415
Appoint Councilmember Karen Hardy to serve as
representative on the Bay Area Water Supply and
Conservation Agency (BAWSCA) and the San
Francisco Bay Area Regional Water System
Financing Authority (RFA) for a term beginning July 1,
2023 ending on June 30, 2027.
Recommendation:
4.O Action to Waive Second Reading and Adopt Ordinance No. 2057 Authorizing
the City, pursuant to Section 714.1. of the
Santa Clara City Charter, to Begin Work at Ulistac Natural Area 23-416
Waive Second Reading and Adopt Ordinance No.
2057 authorizing the City, pursuant to Section 714.1.
of the Santa Clara City Charter, to begin the work of
removing non-native species and restoring the habitat
at Ulistac National Area.
Recommendation:
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
4.P Action to Waive Second Reading and Adopt Ordinance No. 2058 Amending
Sections 17.30.040 (“Supplies, Goods and
Equipment”), 17.30.080 (“Best Value Selection Procedures”),
17.30.090 (Formal Bidding Procedure”), 17.30.120 (“Service Contracts - Signature Authority”), and 17.30.130 (“Public Works”) of Title 17 (“Development”) of “The Code of the City of Santa Clara, California” to Provide the Executive Director of the Stadium Authority With Signature Authority to Execute For Contracts Up To $100,000 in Allocated Value
23-420
Waive Second Reading and Adopt Ordinance No.
2058 Amending Sections 17.30.040 (“Supplies,
Goods and Equipment”), 17.30.080 (“Best Value
Selection Procedures”), 17.30.090 (Formal Bidding
Procedure”), 17.30.120 (“Service Contracts -
Signature Authority”), and 17.30.130 (“Public Works”)
of Title 17 (“Development”) of “The Code of the City of Santa Clara, California” to Provide the Executive
Director of the Stadium Authority With Signature
Authority to Execute For Contracts Up To $100,000 in
Allocated Value
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT
5.A Action on the Santa Clara Stadium Authority Financial Status Report
for Quarter Ending December 31, 2022 and Related
Budget Amendments
23-1513
1. Note and file the Santa Clara Stadium Authority
Financial Status Report for the Quarter Ending
December 31, 2022; and
2. Approve various FY 2022/23 Santa Clara
Stadium Authority budget adjustments based
on projected year-end performance in the
Operating Fund from reserves and recognizing
additional revenues; and
3. Approve various FY 2022/23 Santa Clara
Stadium Authority budget adjustments based
on projected year-end performance in the Debt
Service Fund; and
4. Approve various FY 2022/23 Santa Clara
Stadium Authority budget adjustments based
on projected year-end performance in the CIP
Fund from reserves.
Recommendation:
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
5.B Action on Request Submitted by Stadium Manager to Execute Agreement with ADT Commercial for Fire Sprinkler Testing, Inspection, and Maintenance Services at Levi’s Stadium
5.B.1 Request from the Stadium Manager to Execute Agreement with ADT Commercial
for Fire Sprinkler Testing, Inspection, and
Maintenance Services at Levi’s Stadium
23-308
5.B.2 Report from Stadium Authority for Action Regarding Stadium Manager’s Request
to Execute Agreement with ADT
Commercial for Fire Sprinkler Testing, Inspection, and
Maintenance Services at Levi’s Stadium
23-309
1. Approve the Stadium Manager’s request to
execute an agreement with ADT Commercial
to provide fire sprinkler testing, inspection, and
maintenance services at Levi’s Stadium for a
three-year period beginning April 1, 2023
through March 31, 2026, in an amount not
exceed $66,000 for the first contract year,
$92,000 for the second contract year, and
$70,000 for the third contract year for a total not
to exceed amount of $228,000 over the
three-year period, subject to budget
appropriations; and
2. Authorize the Executive Director to approve the
Stadium Manager’s exercise of the option to
extend the agreement with the same basic
terms and conditions for two additional
one-year periods, subject to budget
appropriations.
Recommendation:
5.C Action on Request Submitted by Stadium Manager to Execute Agreement with Convergint Technologies for Fire Alarm Testing, Inspection, Maintenance, and Related Services at Levi’s Stadium
5.C.1 Request from the Stadium Manager to Execute Agreement with Convergint Technologies
for Fire Alarm Testing, Inspection,
Maintenance, and Related Services at Levi’s Stadium
23-352
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
5.C.2 Report from Stadium Authority for Action Regarding Stadium Manager’s Request
to Execute Agreement with Convergint
Technologies for Fire Alarm Testing, Inspection, Maintenance, and Related Services at Levi’s Stadium
23-353
1. Approve the Stadium Manager’s request to
execute an agreement with Convergint
Technologies to provide fire alarm testing,
inspection, maintenance, and related services
at Levi’s Stadium for a three-year period
beginning April 1, 2023 through March 31,
2026, in an amount not exceed $120,000 for
the first contract year, $123,000 for the second
contract year, and $127,000 for the third
contract year for a total not to exceed amount
of $370,000 over the three-year period, subject
to budget appropriations; and
2. Authorize Executive Director to approve the
Stadium Manager’s exercise of the option to
extend the agreement with the same basic
terms and conditions for two additional
one-year periods, subject to budget
appropriations.
Recommendation:
5.D Action on Request Submitted by Stadium Manager to Execute Agreement with HealthRIGHT 360 for On-site Medical Services, Equipment, and Supplies on a Daily Basis, and for Specific Events, at Levi’s Stadium
5.D.1 Request from the Stadium Manager to Utilize Cooperative Agr
eements to Leverage Discounted Pricing through
Amazon.com LLC and B&H Foto and Electronics dba B&H and Award Purchase Orders to Advance Stores Company, Inc.,
CDW Government LLC, Cintas Corporation, Grainger Industrial Supply, and Midwest Motor Supply Company dba Kimball
Midwest for Operational Needs at Levi’s Stadium
23-374
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
5.D.2 Report from the Stadium Authority for Action on Stadium Manager’s
Request to Utilize Cooperative Agreements to
Leverage Discounted Pricing through Amazon.com LLC and
B&H Foto and Electronics dba B&H and Award Purchase
Orders to Advance Stores Company, Inc., CDW Government
LLC, Cintas Corporation, Grainger Industrial Supply, and Midwest Motor Supply Company dba Kimball Midwest for
Operational Needs at Levi’s Stadium
23-372
1. Approve the Stadium Manager’s request utilize the
described cooperative agreement to award a
purchase order to Advance Stores to procure
automotive parts, accessories, and related
supplies from April 1, 2023 through December 31,
2023, in an amount not to exceed $25,000;
2. Approve the Stadium Manager’s request to utilize
the described cooperative agreement(s) to utilize
Amazon’s online marketplace to procure supplies,
equipment and goods for a one-year period from
April 1, 2023 through March 31, 2024, in an
amount not to exceed $250,000;
3. Approve the Stadium Manager’s request to utilize
the described cooperative agreement to utilize
B&H’s online marketplace to procure audio visual
products and accessories for a one-year period
from April 1, 2023 through March 31, 2024, in an
amount not to exceed $50,000;
4. Approve the Stadium Manager’s request to utilize
the described cooperative agreement(s) to award
a purchase order to CDW Government LLC for
information technology solutions related to
hardware, software, computer equipment,
peripherals and accessories for a one-year period
from April 1, 2023 through March 31, 2024, in an
amount not to exceed $100,000;
5. Approve the Stadium Manager’s request to utilize
the described cooperative agreement to award a
purchase order to Cintas Corporation for purchase
of uniforms, brand name apparel, safety footwear,
promotional products, facility products, and first
aid and supplies for a one-year period from April
1, 2023 through March 31, 2024, in an amount not
to exceed $250,000;
Recommendation:
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
6. Approve the Stadium Manager’s request to utilize
the described cooperative agreement(s) to award
a purchase order to Grainger Industrial Supply for
maintenance, repair, operating supplies, industrial
supplies, and related products for a one-year
period from April 1, 2023 through March 31, 2024,
in an amount not to exceed $200,000; and
7. Approve the Stadium Manager’s request to utilize
the described cooperative agreement to award a
purchase order to Kimball Midwest for
maintenance, repair, operating supplies, industrial
supplies, and related products and services for a
one-year period from April 1, 2023 through March
31, 2024, in an amount not to exceed $50,000.
5.E Action on Request Submitted by Stadium Manager to Award Agreement to Blocka Construction Inc. for the Variable Frequency Drive(s) CapEx Project and Related Budget Amendment
5.E.1 Request from the Stadium Manager to Award Agreement to Blocka Construction
Inc. to Replace Variable Frequency Drives
for Cooling Towers and Pumps at Levi’s Stadium (Variable Frequency Drive(s) CapEx Project) and Related Budget
Amendment
23-376
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
5.E.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s
Request to Award Agreement to Blocka Construction
Inc. to Replace the Variable Frequency Drives for Cooling Towers and Pumps at Levi’s Stadium (Variable Frequency
Drive(s) CapEx Project) and Related Budget Amendment
23-381
1. Approve a budget amendment for the Variable
Frequency Drive(s) line item in the Stadium
Authority FY 2023/24 CapEx Budget to
increase the budget by $22,434 from the
Capital Expense Reserve;
2. Approve the Stadium Manager’s request to
award a one-time agreement to Blocka
Construction Inc. in the amount of $118,000 to
replace the variable frequency drives for
cooling towers and pumps at Levi’s Stadium
(Variable Frequency Drive(s) CapEx Project);
3. 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
4. Authorize the Executive Director’s Office,
consistent with properly delegated authority or
existing policy, to approve the Stadium
Manager’s execution of change orders for the
agreement up to $11,800, for a total not to
exceed construction agreement amount of
$129,800.
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
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
6. Action on Appointment of Members to the Santa Clara Station Area Plan Task Force (SATF)
23-66
1. Appoint four additional Task Force members
including: Jill Hough - Transportation Advocate, Dylan
Plane - Business Community, Michael Stockwell -
At-Large, Shruti Mirashi - At-Large.
Recommendation:
7. Action on Appointment to Cities Association of Santa Clara County
Board of Directors (Alternate Member) for the 2023
Calendar Year (Deferred from February 21, 2023)
23-332
Staff makes no recommendation.Recommendation:
8. Public Hearing: Substantial Amendment to the FY2021 Annual Action
Plan to Allocate $1,604,104 in Federal Housing and
Urban Development (HUD) Grant Funds from the HOME
American Rescue Plan Program and Approve Related Budget Amendment
23-179
1. Provide feedback and approve the substantial
amendment to the 2021 Annual Action Plan and
grant authority to the City Manager’s Office to
submit a HOME ARP Allocation Plan to the
Department of Housing and Urban Development
(HUD) before the March 31, 2023 deadline; and
2. Approve the FY 2022/23 budget amendment in the
Housing and Urban Development Fund to
recognize grant revenue in the amount of
$1,604,104 and establish the HOME - American
Rescue Plan Program project in the amount of
$1,604,104 (5 votes required).
Recommendation:
WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL
9. Action on Four Written Petitions (Council Policy 030), Submitted by Lee Broughman, Larry McColloch, Debbie Tryforos and Scott Filler each Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss the Behavior of
Councilmember Park at the February 7, 2023 Council Meeting 23-329
Staff makes no recommendation.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 21, 2023
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Update on City Council and Stadium Authority Staff Referrals23-389 Tentative Meeting Agenda Calendar (TMAC)23-421
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, April 4, 2023 in the City Hall Council Chambers.
Joint Council and Authorities Concurrent &
Stadium Authority Meeting
Meeting Agenda March 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.
STREAMING SERVICES: 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 in-person and via Zoom as noted on the agenda.
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.
MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-326 Agenda Date: 3/21/2023
SUBJECT
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
(Deferred from February 21, 2023)
City of Santa Clara Printed on 3/16/2023Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-363 Agenda Date: 3/21/2023
REPORT TO COUNCIL
SUBJECT
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)
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-429 Agenda Date: 3/21/2023
SUBJECT
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 City of Santa Clara Printed on 3/16/2023Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-147 Agenda Date: 3/21/2023
REPORT TO COUNCIL
SUBJECT
Update on the Santa Clara Valley Transportation Authority's BART Silicon Valley Phase II Extension Project
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
Phase II of the Santa Clara Valley Transportation Authority's (VTA) BART Silicon Valley Program extends the BART system approximately 16 miles, from the Warm Springs Station in Fremont into Santa Clara County, with six stations in Milpitas, San Jose, and Santa Clara. Phase II of the Program has been split into two segments. The first segment consisted of the 10-mile, two-station Berryessa Extension, with stations in Milpitas and Berryessa/North San Jose, which opened for revenue service in June 2020. The second segment consists of an approximately six-mile long extension of the BART system from the Berryessa/North San Jose BART Station in San Jose to the proposed Santa Clara BART Station.
DISCUSSION
The City Council held previous study sessions related to the BART Phase II project on April 23, 2019, January 5, 2022, and May 10, 2022. At this current study session, VTA staff will provide an update on the BART Phase II project including information on the current status of the project, design of the Santa Clara BART Station, public outreach efforts, project schedule, upcoming construction activities, and a VTA proposal related to converting Champions Way (private street adjacent to the Santa Clara BART Station) into a public right-of-way, and next steps.
ENVIRONMENTAL REVIEW
The action being considered is a study session only and does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5), an administrative activity that will not result in direct or indirect physical changes to the environment.
FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time and expense.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Printed on 3/16/2023Page 1 of 2
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23-147 Agenda Date: 3/21/2023
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.
RECOMMENDATION
There is no staff recommendation.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-90 Agenda Date: 3/21/2023
REPORT TO COUNCIL
SUBJECT
Proclaim Women’s History Month for March 2023
BACKGROUND
National Women’s History Month traces its roots to March 8, 1857, when women from various New York City factories staged a protest over poor working conditions. The first Women's Day celebration in the United States was in 1909 in New York City. The U.S. Congress in 1981 established National Women's History Week to be commemorated annually the second week of March. In 1987, Congress expanded the week to a month designating March Women’s History Month. The 2023 theme for Women’s History Month is “Celebrating Women Who Tell Our Stories.”
DISCUSSION
At the March 21, 2023 City Council meeting, the Council will proclaim Women’s History Month in Santa Clara to recognize and honor women, past and present, who have been influential in communities and encourage women to continue to tell their stories.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
PUBLIC CONTACT
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.
Reviewed by: Maria Le, Assistant to the City Manager, Mayor and Council Offices Approved by: Office of the City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-265 Agenda Date: 3/21/2023
REPORT TO COUNCIL
SUBJECT
Proclaim March 2023 as Youth Arts Month
BACKGROUND
Youth Arts Month is an annual celebration supported through the Council for Art Education to emphasize the value of art education for all children and to encourage support for school art programs. The Youth Arts Month provides a forum for acknowledging skills that are fostered through experience in the visual arts that are specific to learning in the arts and encourages commitment to the arts and demonstrates the goals of the National Art Education Association.
DISCUSSION
At the March 21, 2023 City Council meeting, the Council will proclaim Youth Arts Month in Santa Clara with the commitment to increase community understanding and interest in art and art education.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
PUBLIC CONTACT
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.
Reviewed by: Maria Le, Assistant to the City Manager, Mayor and Council Offices Approved by: Office of the City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-253 Agenda Date: 3/21/2023
REPORT TO COUNCIL
SUBJECT
Presentation by Cultural Commission on Projects and Upcoming Special Events
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
The Cultural Commission selects and works on the completion of annual workplan goals. The FY 2022/23 goals include: (a) Host and enhance multicultural events to encourage and acquaint Santa Clara residents with cultural diversity; (b) Develop and encourage interactive art opportunities to provide temporary, performing, cultural, and public art in the City; (c) Raise the visibility of commemorative month celebrations; (d) Enhance communication and media strategy to increase community awareness of the Cultural Commission; and, (e) Prepare for Citywide Arts Master Plan process. The Cultural Commission activities completed this year include the installation of six (6) Utility Boxes Art Projects, the conducting of a Commemorative Month Coloring Book Marketing Campaign, the scheduling of 2023 Summer Concert Series, and the Street Dance.
DISCUSSION
The Cultural Commission will present a brief overview of the Commission’s accomplishments for FY 2022/23 including new images from the Utility Box Art Program, community submissions and winners for the Halloween Home Decorating and Holiday Home Decorating Contests, and sponsored summer activities. Additionally, the Commission has been publishing Commemorative Month Coloring Pages available to the public with monthly themes. The Commission encourages resident sharing of their colored pages on the Commission Facebook and Instagram pages. Finally, the Commission would like to announce the summer concert season June-September with two concerts planned for Live Oak Park and the Street Dance in August. The Commission is in the process of developing a new work plan for FY 2023/24 that will continue to promote art and culture in the City of Santa Clara.
ENVIRONMENTAL REVIEW
This is an information report only. No action is being taken by the City Council, and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City for the report to Council other than staff time, which is allocated in the Parks & Recreation Department operating budget.
PUBLIC CONTACT
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 City of Santa Clara Printed on 3/16/2023Page 1 of 2
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23-253 Agenda Date: 3/21/2023
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]> .
Prepared by: Kimberly Castro, Recreation Manager
Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: Office of the City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-333 Agenda Date: 3/21/2023
REPORT TO COUNCIL
SUBJECT
Verbal Report Update from Assistant Director of Water and Sewer Regarding the Local Drought Emergency
COUNCIL PILLAR
Enhance Community Engagement and Transparency
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-405 Agenda Date: 3/21/2023
REPORT TO COUNCIL
SUBJECT
Action on the Minutes of November 16, 2022 Special Council Meeting; November 30, 2022 Special Council Meeting; December 6, 2022 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; December 8, 2022 Special Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; December 13, 2022 Council and Authorities Concurrent Meeting; and December 16, 2022 Special City Council Meeting.
RECOMMENDATION
Promote Community Engagement and Transparency
RECOMMENDATION
Approve the Meeting Minutes of November 16, 2022 Special Council; November 30, 2022 Special Council; December 6, 2022 Council and Authorities Concurrent and Special Santa Clara Stadium Authority; December 8, 2022 Special Council and Authorities Concurrent and Special Santa Clara Stadium Authority; December 13, 2022 Council and Authorities Concurrent; and December 16, 2022 Special City Council.
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City of Santa Clara
Minutes
Special Council Meeting
Draft
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
11/16/2022
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. 22-9150 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.
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 Mayor calls for a Special Meeting of the City Council of the City of Santa Clara, to commence and convene on November 16, 2022, at 5:00 pm for a Special Meeting 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.
5:00 PM COUNCIL SPECIAL MEETING
Call to Order
Mayor Gillmor called the Special Meeting to Order at 5:04 p.m.
11/16/2022
Special Council Meeting
Meeting Minutes
Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.
Councilmember Chahal recited the Statement of Values.
Roll Call
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 -
GENERAL BUSINESS
11/16/2022
Special Council Meeting
Meeting Minutes
1. 22-1407 Consideration of October 10, 2022, Santa Clara County Civil Grand Jury Report, “Unsportsmanlike Conduct: Santa Clara City Council,” and Direction to Staff for Timely Preparation and Council Approval of Formal Comment to Report.
Recommendation:
1. Council to comment on Council-related findings and
recommendations as follows: Findings 1a, 1b, 1c, 2, 3d (in part), 4, 5 (in part), 6, and 7 and Recommendations 1a, 1b, 1c, 1d, 2, 3a (in part), 3b (in part), 3c (in part), 4a, 4b, 4c, 5a, 5b, 5c, 6a, 6b, 7a, 7b, and 7c.
2. Direct staff to prepare draft comment on operation-related findings as follows: Findings 3a, 3b, 3c, 3d (in part), and 5 (in part) and Recommendations 3a (in part), 3b (in part), and 3c (in part).
3. Direct City Attorney’s Office to prepare draft comment for timely Council approval consistent with 1 and 2 above.
Interim City Attorney Ngo provided an overview of this agenda item and stated that the Grand Jury report had twelve findings and 19 recommendations that require a formal City response within 90 days or by the January 9, 2023. He further noted that Council is not approving a formal response to the Grand Jury report, that staff provided clarifications on some of the statements in the Grand Jury report for Council consideration, and that staff's recommendation is to bring back a draft response a later Council meeting date for consideration that will include: 1) staff prepared language on those operational issues among the findings in the Grand Jury report; and 2) language based on feedback received from the Council.
Interim City Attorney Ngo stated that staff will return to Council with a draft response on the December 6, 2022 Regular Meeting, at a Special Meeting tentatively scheduled for December 8, 2022, or on any Special Meeting scheduled prior to January 9, 2023.
Interim City Attorney Ngo stated that he will go through each group set within the Grand Jury report and obtain a response from the Council on each finding and recommendation. He stated that if the Council disagrees with a finding, in whole or in part, the City will need to obtain the reasoning on why the Council disagrees with it. He also noted that for the recommendation, he will also need Council consensus on which of the four options have or will be implemented.
Interim City Attorney Ngo proceeded with the discussion of the Grand Jury findings and Council held extensive discussion on each of the Grand Jury's findings and recommendations. Interim City Attorney Ngo obtained Council consensus on how to respond to each finding and recommendation on the Grand Jury report and stated the draft Response will return to Council for final approval.
11/16/2022
Special Council Meeting
Meeting Minutes
Public Comment(s):
(2) Public Speaker
Deborah
Benjamin Cooley
ADJOURNMENT
The meeting was adjourned at 10:45 p.m.
A motion was made by Councilmember Becker, seconded by
Councilmember Park, 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, December 6, 2022 in the City Hall Council Chambers.
11/16/2022Council and Authorities Concurrent
Meeting
Meeting Minutes
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.
MEETING DISCLOSURES
City of Santa Clara
Minutes
City Council Special Meeting
Draft
1:45 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
11/30/2022
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. 22-9160 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.
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 Mayor calls for a Special Meeting of the Santa Clara City Council to commence and convene on November 30, 2022, at 1:45 PM for a Special Meeting, to consider the following matter(s) and to potentially take action with respect to them.
1:45 PM CLOSED SESSION
Mayor Gillmor called the meeting to order at 1:45 p.m.
Call to Order in the Council Chambers
Roll Call
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 -
11/30/2022
City Council Special Meeting
Meeting Minutes
Public Comment
There were none.
ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:
Council convened to Closed Session 1:51 p.m.
1. 22-1469 Public Employee Appointment (Government Code §§ 54957, 54954.5, subd. (e))
Title: City Attorney
ADJOURNMENT
Mayor Gillmor adjourned the Closed Session at 5:45 p.m.
The next regular scheduled meeting is on Tuesday, December 6, 2022 in the City Hall Council Chambers.
11/30/2022
City Council Special Meeting
Meeting Minutes
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.
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.
MEETING DISCLOSURES
City of Santa Clara
Minutes
Council and Authorities Concurrent and
Santa Clara Stadium Authority Special
Meeting
Draft
4:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
12/06/2022
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. 22-9160 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.
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 December 6, 2022, at 4:00 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 - 4:00 PM | Study Session - 6:00 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 4:06 p.m.
Roll Call
12/06/2022Council and Authorities Concurrent &
Stadium Authority Special Meeting
Meeting Minutes
Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Karen Hardy, Council/Boardmember Kevin Park, Vice Mayor/Chair Suds Jain, Council/Boardmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor
Present: 7 -
1.A 22-1470 Public Employee Appointment (Government Code §§ 54957, 54954.5, subd. (e))
Title: City Attorney
1.B 22-1471
Public Employee Appointment (Government Code §§ 54957, 54954.5, subd. (e))
Title: City Manager
1.C 22-1475
Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
Marcus Dean Diaz v. City of Santa Clara, et al., United States District Court, Northern District of California, Case No. 5:20-cv-03506 Public Comment
There were none.
Convene to Closed Session (Council Conference Room)
Council convened into Closed Session at 4:06 p.m.
Councilmember Park arrived at 4:30 p.m.
6:00 PM STUDY SESSION
Call to Order in the Council Chambers
Council convened the Study Session at 6:07 p.m.
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2. 22-1058 Strategy for Additional Parkland in the Tasman East Specific Plan Area, in Conjunction with an Amendment to Add 1,500 Units to the Specific Plan Councilmember Park was not present at the beginning of the Study Session.
City Manager Batra introduced Community Development Director Crabtree who gave a PowerPoint presentation.
Council comments and questions followed.
Community Development Director Crabtree and Parks and
Recreation Director Teixeira responded and addressed Council questions.
Councilmember Park joined the meeting at the dais at 6:40 p.m.
Additional questions from Council followed.
Community Development Director Crabtree and Parks and
Recreation Director Teixeira responded to and addressed Council's additional questions.
Public Comment:
Igor
Steve Edwards
7:00 PM COUNCIL REGULAR/ SPECIAL STADIUM AUTHORITY MEETING Call to Order
Mayor/Chair Gillmor called the Regular Council Meeting to order at 7:12 p.m.
Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.
Council/Boardmember Chahal recited the Statement of Values.
Assistant City Clerk/Secretary Pimentel cited the AB 23 announcement and Behavioral Standards.
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REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS 11/30/22 and 12/6/22 Mayor Gillmor stated that were no reportable action taken at the November 30, 2022 Closed Session meeting as well as no reportable action taken at the 4:00 p.m. Closed Session meeting.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
There were none.
SPECIAL ORDER OF BUSINESS
3.A 22-1307 Recognition of the 2022 Santa Clara Parade of Champions
3.B 22-1402
3.C 22-1403
CONSENT CALENDAR
Mayor Gillmor recognized the 2022 Santa Clara Parade of Champions.
Ana Vargas-Smith gave a PowerPoint presentation with photos from the Parade of Champions.
Verbal Report from the Chief Emergency Services Officer regarding COVID-19 Pandemic
Chief Emergency Services Officer Schoenthal provided a verbal update regarding COVID-19 pandemic.
Verbal Report Update from City Manager Regarding the Local Drought Emergency
Water and Sewer Utilities Assistant Director Mehta gave a PowerPoint presentation.
Council/Boardmember Hardy recused herself from Item 4.M due to a potential conflict of interest of the project being within 500 feet from her personal property.
Councilmember Chahal recused himself from Items 4.R and 4.W due to a potential conflict of interest of the project being within 500 feet from his personal properties.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve the Consent Calendar.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.A 22-1464 Action on August 16, 2022 Joint Council and Authorities Concurrent & Stadium Authority Meeting Minutes, August 23, 2022 Special City Council Meeting Minutes, August 30, 2022 Council and Authorities Concurrent & Special Stadium Authority Meeting Minutes, and September 12, 2022 Special City Council Meeting Minutes
Recommendation:
Approve the meeting minutes of:
August 16, 2022 Joint Council and Authorities Concurrent & Stadium Authority Meeting;
August 23, 2022 Special City Council Meeting;
August 30, 2022 Council and Authorities Concurrent & Special Stadium Authority Meeting; and
September 12, 2022 Special City Council Meeting
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.B 22-32 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Downtown Community Task Force - September 16, 2021
Downtown Community Task Force - September 15, 2022
Planning Commission - October 26, 2022
Cultural Commission - October 3, 2022
Historical and Landmarks Commission - October 6, 2022
Youth Commission - October 11, 2022
Parks & Recreation Commission - October 18, 2022
Board of Library Trustees - September 12, 2022
Board of Library Trustees - October 3, 2022
Senior Advisory Commission - October 24, 2022
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.C 22-1329 Action on Bills and Claims Report (CC, SCSA, HA) for the period October 1, 2022 - November 4, 2022
Recommendation: Approve the list of Bills and Claims for October 1, 2022 - November 4, 2022.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.D 22-1331 Action on the Santa Clara Convention Center FY 2022/23 1st Quarter Financial Status Report
Recommendation:
Note and file the Santa Clara Convention Center Financial Status Report for the 1st Quarter ending September 30, 2022, as submitted by OVG.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.E 22-1350 Action on Award of Contract for the Fairway Glen Park Restroom Construction Project to Suarez & Munoz Construction, Inc., Related Budget Amendment, and Adopting a Class 1 CEQA Categorical Exemption Recommendation:
1. Award the Public Works Contract for the Fairway Glen Park Restroom Construction Project to the lowest responsive and responsible bidder, Suarez & Munoz Construction, Inc., in the amount of $691,977 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. Adopt a Class 1 Categorical Exemption under CEQA Guidelines Section 15301;
3. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $103,797, for a total not to exceed amount of $795,774; and
4. Approve the following FY 2022/23 budget amendment in the Parks and Recreation Capital Fund to increase the Restroom at Fairway Glen Park Project appropriation by $135,467 (from $680,115 to $815,582) and decrease the Parks and Recreation Capital Fund Quimby Act fund balance by the same amount (five affirmative Council votes required for the use of unused balances).
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
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Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.F 22-1359 Action on Award of Contract for the Public Right-of-Way ADA Improvements - Package 3 & 4 Project to FBD Vanguard Construction, Inc. and Adopt a Class 1 CEQA Categorical Exemption
Recommendation:
1. Award the Public Works Contract for the Public Right-of-Way ADA Improvements - Package 3 & 4 Project to the lowest responsive and responsible bidder, FBD Vanguard Construction, Inc., in the amount of $3,847,734 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. Adopt a Class 1 Categorical Exemption under CEQA Guidelines Section 15301; and
3. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $577,160, for a total project budget not-to-exceed amount of $4,424,894.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.G 22-1198 Action on Award of a Purchase Order to Shape, Inc. for Flygt N-Series Sewer Lift Station Wastewater Pumps and Related Budget Amendment and a Class 1 CEQA Categorical Exemption
Recommendation:
1. Adopt a Class 1 Categorical Exemption Under CEQA Guidelines section 15301(b);
2. Authorize the City Manager to award a Purchase Order to Shape, Inc. for the purchase of six Flygt N-Series pumps and accessories in an amount of $421,460 plus applicable sales taxes and subject to the appropriation of funds;
3. Authorize the City Manager to award Purchase Orders for the purchase of 25 additional Flygt N-Series pumps and accessories through December 31, 2027 for an estimated total amount of $776,250 plus applicable sales taxes and subject to the appropriation of funds; and
4. Approve the FY 2022/23 budget amendment in the Sewer Utility Fund to appropriate $1,200,000 from the unrestricted ending fund balance to the capital outlay budget (five affirmative Council votes required for the use of unused balances).
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
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Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.H 22-1339 Action on Award of a Purchase Order to Pump Repair Service Co. for the Purchase and Installation of a New Pump and Motor at Water Well Station 23 and Related Budget Amendment and a Class 1 Categorical Exemption Under CEQA
Recommendation:
1. Adopt a Class 1 Categorical Exemption Under CEQA Guidelines Section 15301(b);
2. Authorize the City Manager to award a Purchase Order to Pump Repair Service Co. for the purchase and installation of a new pump and motor for Water Well Station 23 in an amount of $289,960 plus applicable sales taxes;
3. Authorize the City Manager to execute change order(s) not to exceed $30,000 as contingency and subject to the appropriation of funds; and
4. Approve the FY 2022/23 budget amendment in the Water Utility Fund to appropriate $289,960 from the unrestricted ending fund balance to the capital outlay budget (five affirmative Council votes required for the use of unused balances).
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.I 22-172 Action to Delegate Authority to the City Manager to Negotiate and Execute Agreements with Westlands Grape, LLC to Purchase Renewable Energy and Resource Adequacy Capacity from the Westlands Solar Park Recommendation:
1. Authorize the City Manager to negotiate and execute separate purchase agreements for the purchase of renewable energy output and for the purchase of resource adequacy capacity with Westlands Grape, LLC;
2. Authorize the City Manager to execute all related documents, agreements, and administrative amendments, subject to the review and approval as to form of the City Attorney, including, but not limited to, collateral assignment agreements and security documentation, and take any and all actions as are necessary or advisable to implement and administer the agreements; and
3. Authorize the City Manager to execute amendments to procure additional renewable energy output and Resource Adequacy capacity should additional capacity become available subject to appropriation of funds and review and approval as to form of the City Attorney.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.J 22-1111 Action to Authorize the City Manager to Negotiate, Execute, and Administer Cooperative Agreement #2 with the Valley Transportation Authority for the BART Silicon Valley Phase II Extension Project Recommendation:
Approve and authorize the City Manager to negotiate, execute and administer Cooperative Agreement #2 with the VTA for the BART Silicon Valley Phase II
Extension Project and make modifications and extend the term if needed.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.K 22-1312 Action to Authorize the City Manager to Negotiate, Execute, and Administer an Agreement with Capitol Corridor Joint Powers Authority to Reimburse Design Related Costs for the Protection or Relocation of City-Owned or Maintained Utilities in connection with the Union Pacific Railroad Agnew Siding Project and Related Budget Amendment Recommendation:
1. Authorize the City Manager to negotiate, execute, and administer an Agreement with Capitol Corridor Joint Powers Authority to reimburse design related costs for the protection or relocation of City-owned and maintained utilities in the amount not-to-exceed $426,620;
2. Approve the following FY 2022/23 budget amendments:
A. In the General Fund, increase the transfer to the General Government Capital Fund and reduce the Capital Projects Reserve by $132,658 (five affirmative Council votes
required for the use of unused balances);
B. In the Sewer Utility Capital Fund, increase the transfer to the General Government Capital Fund and reduce the Sanitary Sewer System Improvements project by $233,284 (majority affirmative Council votes required);
C. In the Water Utility Capital Fund, increase the transfer to the General Government Capital Fund and reduce the Distribution System Replacement/Restoration project by $20,226 (majority affirmative Council votes required);
D. In the Recycled Water Capital Fund, increase the transfer to the General Government Capital Fund and reduce the Recycled Water System Mains and Services project by $20,226 (majority affirmative Council votes required);
E. In the Electric Utility Capital Fund, increase the transfer to the General Government Capital Fund and reduce the New
Business Estimate Work project by $20,226 (majority
affirmative Council votes required); and
F. In the General Government Capital Fund, increase the transfer in from the General Fund Capital Project Reserve by $132,658, increase the transfer in from the Sewer Utility Capital Fund by $233,284, increase the transfers in from the Water Utility Capital, Recycled Water Capital, and Electric Utility Capital Funds by $20,226 each, and establish the UPRR Agnew Siding Project - City Utility Protection/Relocation project in the amount of $426,620. (five affirmative Council votes required to appropriate additional revenue).
3. Authorize the City Manager to amend the Agreement to include construction related costs for an additional amount up to $5,000,000, for an aggregate not to exceed amount of $5,426,620, subject to the
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appropriation of funds; and
4. Authorize the City Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the construction of the Project and to extend the term.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.L 22-1443 Action on a Pole Contact Agreement with Level 3 Telecom, LP to Allow the Attachment of Facilities on City-Owned Poles
Recommendation:
Determine the proposed action is exempt from CEQA pursuant to Section 15303 of Title14 of the California Code of Regulations and authorize the City Manager to execute the Pole Contact Agreement with Level 3 Telecom, LP to allow the attachment of facilities on City-owned poles and take any actions as necessary to implement and administer the Agreement.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.M 22-1457 Action on an Affordable Housing Agreement with Taylor Morrison of California, LLC for a Project located at 3035 El Camino Real Recommendation:
1. Approve and authorize the City Manager to execute the Affordable Housing Agreement with Taylor Morrison of California, LLC , to execute amendments thereto, and to take any other action necessary to implement the requirement for the provision of four (4) Below Market Purchase homes within a 48-unit townhome project at 3035 El Camino Real; and
2. Authorize the recordation thereof.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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Recused: 1 - Council /Boardmember Hardy
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4.N 22-1383 Action on Historic Resource Inventory Property Designation and Historical Preservation Agreement (Mills Act) for 324 Madison Street and Class 31 CEQA Exemption
Recommendation:
1. Adopt a Class 31 Exemption under CEQA Guidelines Section 15331;
2. Approve the addition of the property located at 324 Madison Street to the City’s HRI; and
3. Authorize the City Manager to execute a Mills Act Contract and adopt the 10-Year Restoration and Maintenance Plan associated for the property at 324 Madison Street.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.O 22-1390 Action on the Resubmittal of a Cooperative Agreement between the City of Santa Clara and the Valley Transportation Authority (VTA) for the Preparation of the Santa Clara Station Area Plan
Recommendation:
Approve the Cooperative Agreement between the City of Santa Clara and the Valley
Transportation Authority (VTA) for the preparation of the Santa Clara Area Plan.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.P 22-1465 Action to Delegate Authority to the City Manager to Negotiate and Execute a Master Service Agreement for Internet Services for Silicon Valley Power and Associated Master Service Orders between the City of Santa Clara and GTT Americas, LLC and Its Affiliates
Recommendation:
1. Authorize the City Manager to negotiate and execute a Master Service Agreement and associated Master Service Orders between GTT Americas, LLC and its Affiliates and the City of Santa Clara for a period of up to ten years and a total maximum compensation of $1,500,000 subject to the appropriation of funds; and
2. Authorize the City Manager to add or delete services consistent with the scope of services for the agreement and adjust future rates and take any actions as necessary to implement and administer the agreement and service orders.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.Q 22-1483 Action on a Resolution Authorizing the City Manager to Execute an Amended and Restated Affordable Housing Agreement and Negotiate and Execute Loan Project Documents with Mainline North 701, L.P. for Construction of 151 Affordable Housing Units Located at 2310 Calle Del Mundo
Recommendation:
1. Adopt a resolution approving and authorizing the City Manager to execute an Amended and Restated Affordable Housing Agreement with Mainline North 701, L.P. for construction of 151 affordable housing units located at 2310 Calle Del Mundo; to negotiate and execute a Loan Agreement and related project documents, consistent with the Term Sheet, as reviewed by the City Attorney for form and consistency; to execute all documents necessary (including Deeds of Trust, Promissory Notes, and Affordable Housing Agreements) to implement the Loan Agreement and close escrow; and
2. Rescind Resolution 20-8897.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to adopt Resolution 22-9166
approving and authorizing the City Manager to execute an Amended and Restated Affordable Housing Agreement with
Mainline North 701, L.P. for construction of 151 affordable housing units located at 2310 Calle Del Mundo; to negotiate and execute a Loan Agreement and related project documents, consistent with the Term Sheet, as reviewed by the City Attorney for form and consistency; to execute all documents necessary (including Deeds of Trust, Promissory Notes, and Affordable Housing Agreements) to implement the Loan Agreement and close escrow; and rescind Resolution 20-8897.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.R 22-1320 Action on an Amendment to an Affordable Housing Agreement with Legend SantaClara, LLC for Condominium Housing at 1890 El Camino Real and Delegation of Authority to the City Manager to Execute Basic AHAs.
Recommendation:
1. Approve and authorize the City Manager or designee, to execute an amendment to the Affordable Housing Agreement with Legend SantaClara, LLC to execute amendments thereto and to take any other action necessary to implement the requirement for the provision of five (5) Below Market Purchase (BMP) units and payment of the BMP in-lieu fee for a fractional unit within a 56-unit housing project at 1890 El Camino Real.
2. Delegate to the City Manager the authority to execute or amend affordable housing agreements for projects developed in accordance with the provisions of with SCCC Chapter 17.40, Citywide Affordable Housing Requirements, subject to final review and approval of such agreements by the Office of the City Attorney. All projects requiring an exception or modification to the Citywide Affordable Housing Requirements shall continue to be brought to the City Council for approval.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/ Boardmember Becker, and Mayor/Chair Gillmor
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Recused: 1 - Council /Boardmember Chahal
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4.S 22-1366 Action on Amending the Design Professional Services Agreement with Gates and Associates Landscape Architecture, Inc., Increasing Contingency in the Construction Contract with Robert A Bothman Construction for Unforeseen Conditions Associated with the Montague Park Rehabilitation Project and Related Budget Amendment Recommendation:
1. Authorize the City Manager to amend the design professional services agreement with Gates and Associates Landscape
Architecture, Inc. for the Montague Park Rehabilitation Project to increase the Additional Services by $64,800 to a total contract amount not-to-exceed $675,615;
2. Increase the contingency amount in the Construction Contract with Robert A. Bothman Construction for the Montague Park Rehabilitation Project from $563,479 to 1,063,479 and authorize the City Manager to execute change orders up to approximately 20 percent of the original contract price, or $1,063,479, for a total not-to-exceed amount of $6,698,264; and
3. Approve the following FY 2022/23 budget amendment to increase the Montague Park Enhancement project appropriation by $564,800 (from $6,896,480 to $7,461,280) and decrease the Parks and Recreation Capital Fund Mitigation Fee Act fund balance by the same amount (five affirmative Council votes required for the use of unused balances).
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.T 22-1436 Action on Amendments to Agreements with Davey Tree Surgery Company, Advanced Chemical Transport, Inc., Koffler Electrical Mechanical Apparatus Repair, Inc., and Allied Power Group, LLC
Recommendation:
1. Authorize the City Manager to negotiate and execute Amendment No. 3 to the Agreement with Davey Tree Surgery Company for line clearance tree trimming services, to extend the term to June 30, 2023, and increase maximum compensation by $2,650,000 for a revised not-to-exceed maximum compensation of $13,500,000;
2. Authorize the City Manager to negotiate and execute Amendment No. 3 to the Agreement with Advanced Chemical Transport, Inc. for hazardous waste management services, to extend the term to June 30, 2023, and increase maximum compensation by $400,000 for a revised not-to-exceed maximum compensation of $1,800,000;
3. Authorize the City Manager to negotiate and execute Amendment No. 3 to the Agreement with Koffler Electrical Mechanical Apparatus Repair, Inc. for pump and motor repair services, to extend the term to June 30, 2023, and increase maximum compensation by $200,000 for a revised not-to-exceed maximum compensation of $750,000; and
4. Authorize the City Manager to negotiate and execute Amendment No. 4 to the Agreement with Allied Power Group for repairs at the Gianera Generating Station to extend the term to December 31, 2024, with no change to the maximum compensation amount of $9,000,000.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.U 22-1206 Action on Amendments to Agreements with DKS, Kimley-Horn, and W-Trans for Traffic Engineering Support
Recommendation: 1. Approve and authorize the City Manager to execute Amendment No. 1 in the amount of $66,700 to the agreement with DKS Associates for traffic engineering consulting support services, with a term ending on July 1, 2024 and a total amount not-to exceed $150,000;
2. Approve and authorize the City Manager to execute Amendment No. 1 in the amount of $66,700 to the agreement with Kimley-Horn and Associates, Inc. for traffic engineering consulting support services, with a term ending on July 1, 2024 for a total amount not-to exceed $150,000;
3. Approve and authorize the City Manager to execute Amendment No. 1 in the amount of $66,700 to the agreement with Whitelock & Weinberger Transportation, Inc., dba W-Trans, for traffic engineering consulting support services, for a term ending on July 1, 2024 for a total amount not-to exceed $150,000; and
4. Authorize the City Manager to make modifications to the agreements, including time extensions as necessary up to July 1, 2026, and amend the not-to-exceed amounts, as long as the cumulative compensation of all three agreements does not exceed $650,000 subject to the appropriation of funds.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.V 22-1364 Action on Amendment No. 5 to the Exclusive Negotiation Agreement and Amendment No. 3 for the Amended and Restated License Agreement with Habitat for Humanity East Bay / Silicon Valley for 3575 De La Cruz Boulevard
Recommendation:
Approve and authorize the City Manager to execute Amendment No.5 to the Exclusive Negotiation Agreement (ENA) and the Amendment No. 3 to the Amended and Restated license agreement with Habitat for Humanity East Bay / Silicon Valley for the development 3575 De La Cruz Boulevard.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
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4.W 22-171 Action on a Resolution Authorizing the Use of City Electric Forces for New Dark Fiber Installations at Various Locations
Recommendation: Determine the proposed actions are exempt from CEQA pursuant to Sections 15302 (c) and 15303 of the California Code of Regulations and adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report located at 2972 Stender Way to 2300 Owen Street, 2972 Stender Way to 2360 Owen Street, 1201 Comstock Street to 2897 Northwestern Parkway, 1201 Comstock Street to 2820 Northwestern Parkway, and 1101 Space Park Drive to 1201 Comstock Street.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to determine the proposed actions are exempt from CEQA pursuant to Sections 15302 (c) and 15303 of the California Code of Regulations and adopt Resolution 22-9167 authorizing the use of City Electric Forces for work detailed in this report located at 2972 Stender Way to 2300 Owen Street, 2972 Stender Way to 2360 Owen Street, 1201 Comstock Street to 2897 Northwestern Parkway, 1201 Comstock Street to 2820 Northwestern Parkway, and 1101 Space Park Drive to 1201 Comstock Street.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/ Boardmember Becker, and Mayor/Chair Gillmor
6 -
Recused: 1 - Council /Boardmember Chahal
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4.X 22-1449 Action on a Resolution Delegating Authority to the City Manager to Execute Documents Associated with the State of California Local Assistance Specified Grant for the Central Park Arbor Playground (Magical Bridge All Inclusive Playground) and Related Budget Amendments
Recommendation:
1. Adopt a Resolution Delegating Authority to the City Manager to Execute all Documents Associated with State of California Local Assistance Specified Grant;
2. Approve the FY 2022/23 budget amendment to appropriate the State of California Local Assistance Specified Grant in the Parks and Recreation Capital Fund and increase the project appropriation by $800,000 (five affirmative Council votes required to appropriate additional revenue).
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to adopt Resolution 22-9168
delegating authority to the City Manager to execute all documents associated with State of California Local Assistance Specified Grant and approve FY 2022/23 budget amendment to appropriate the State of California Local Assistance Specified Grant in the Parks and Recreation Capital Fund and increase the project appropriation by $800,000.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
4.Y 22-1277 Action on a Resolution Ordering the Vacation of the Public Utility Easements, Storm Drain Easement, Wire Clearance Easement, and Water Line Easement at 2780 El Camino Real
Recommendation:
1. Adopt a Resolution Ordering the Vacation of the Public Utility Easements, Storm Drain Easement, Wire Clearance Easement, and Water Line Easement at 2780 El Camino Real [APN 290-16-018 (2020-21); SC 21-0022]; and
2. Authorize the recordation of the Resolution.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to adopt Resolution 22-9169 ordering the vacation of the Public Utilities Easements, Storm Drain Easement, Wire Clearance Easement, and Water Line Easement at 2780 El Camino Real [APN 290-16-018 (2020-21); SC 21-0022]; and authorize the recordation of the Resolution.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/ Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor 7 -
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4.Z 22-1222 Action on Addition of Three Community Development Department Positions Funded by Building Division Permit Fees and Related Budget Amendment
Recommendation:
1. Approve the addition of one Customer Service Representative, one Senior Permit Technician and one Permit Technician position in the Community Development Department’s Building Division; and
2. Approve the FY 2022/23 budget amendment in the Building Development Services Fund to increase the Community Development’s Building Division appropriation by $258,000 and decrease the unrestricted ending fund balance by $258,000 (five affirmative Council votes required for the use of unused balances).
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
4.AA 22-1091 Action to Adopt a Resolution Establishing a Suicide Prevention Policy and Mental Health Promotion for the Community
Recommendation:
Adopt a Resolution Establishing a Suicide Prevention Policy and Mental Health Promotion
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to adopt Resolution 22-9170
establishing a Suicide Prevention Policy and Mental Health Promotion.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
4.BB 22-1421 Action on a Request for a Special Permit to Allow a Christmas Tree Sales Lot at 3705 El Camino Real from December 6, 2022 through December 24, 2022
Recommendation:
Approve the Request of a Special Permit to allow a Christmas Tree Sales Lot from December 6, 2022 through December 24, 2022 at 3705 El Camino Real, subject to conditions.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
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4.CC 22-1434 Action on Installation of Electric Vehicle Charging Stations on City-owned Land and Public Right-of-Way
Recommendation: Authorize the City Manager to negotiate opportunities and approve agreements, leases, and all related documents to install up to 100 new EV charging stations at City-owned or managed properties/facilities, land, and public right-of-way.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
4.DD 22-1481 Action on a Resolution Approving the 2023 Civil Service Commission Calendar of Meetings, and Setting the Number and Start Time of Regular Meetings of the Civil Service Commission
Recommendation:
Adopt a Resolution approving the 2023 Civil Service Commission Calendar of Meetings, and setting the number and start time of regular Civil Service Commission meetings.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to adopt Resolution 22-9171
approving the 2023 Civil Service Commission Calendar of Meetings, and setting the number and start time of regular Civil Service Commission meetings.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
5.A 22-1394 Action on Stadium Authority Bills and Claims for the Month of October 2022
Recommendation:
Approve the list of Stadium Authority Bills and Claims for October 2022.
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve staff recommendation.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
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5.B 22-1369 Action on the Santa Clara Stadium Authority Financial Status Report for Quarter Ending September 30, 2022
Recommendation: Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending September 30, 2022.
A motion was made Boardlmember Becker, seconded by
Boardmember Hardy, that this item be Approved.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
5.C 22-1415 Action on the Stadium Manager’s Request to Execute an Amendment to Existing Owner’s Club Stadium Builders License Agreements to Extend the Term by One Year Due to COVID-19 Impacts
Recommendation:
Alternatives 1 and 2:
1. Approve the Amendment to existing Owner’s Club SBL
Agreements; and
2. Authorize the Executive Director and Stadium Manager to execute the Amendment to existing Owner’s Club SBL Agreements.
A motion was made by Boardlmember Becker, seconded by
Boardmember Hardy, to approve staff recommendation.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
5.D 22-1266 Action on the City of Santa Clara Audited Annual Comprehensive Financial Report (ACFR) and Audited Silicon Valley Power (SVP) Financial Statements for Fiscal Year Ended June 30, 2022, as Recommended by the Audit Committee
Recommendation:
Note and file, as recommended by the Audit Committee:
1. The audited City of Santa Clara Annual Comprehensive Financial Report (ACFR) for fiscal year ended June 30, 2022; and
2. The audited City of Santa Clara Electric Utility Enterprise Fund (Silicon Valley Power) Financial Statements for fiscal year ended June 30, 2022 .
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
5.E Action on Request Submitted by Stadium Manager to Execute Agreement with LCPtracker, Inc. for Labor Compliance Software Subscription Service
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5.E.1 22-1397 Request from the Stadium Manager to Execute Agreement with LCPtracker, Inc. for Labor Compliance Software Subscription Service
5.E.2 22-1398 Report from Stadium Authority Regarding Stadium Manager’s Request to Execute Agreement with LCPtracker, Inc. for Labor Compliance Software Subscription Service
Recommendation:
1. Approve the Stadium Manager’s request to execute an agreement with LCPtracker for a cloud-based labor compliance software subscription in the amount of $13,090 for a one-year period, from December 14, 2022 to December 15, 2023; and,
2. Authorize the Executive Director to approve the Stadium Manager’s execution of annual renewal for subscription services for an additional two years from December 15, 2023 through December 14, 2025 for the agreement with LCPtracker, subject to budget appropriations.
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to appprove staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
5.F Action on Request Submitted by Stadium Manager to Award Purchase Orders to EyeP Solutions, Inc. for the Parking Lot Camera Upgrades CapEx Project and Bowl Camera Upgrade/Refurbishment CapEx Project
5.F.1 22-1405
Request from the Stadium Manager to Award Purchase Orders to EyeP Solutions, Inc. for the Parking Lot Camera Upgrades CapEx Project and Bowl Camera Upgrade/Refurbishment CapEx Project
5.F.2 22-1406
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Orders to EyeP Solutions, Inc. for the Parking Lot Camera Upgrades CapEx Project and Bowl Camera Upgrade/Refurbishment CapEx Project
Recommendation:
1. Approve the Stadium Manager’s request to award a purchase order to EyeP Solutions, Inc. in the amount of $41,030 to replace cameras in the Great America parking Lot with AXIS cameras and related accessories and install additional cameras in the Gold Lot 4/5 parking areas (Parking Lot Camera Upgrades CapEx Project); and
2. Approve the Stadium Manager’s request to award a purchase order to EyeP Solutions, Inc. in the amount of $120,008 to replace cameras in the seating bowl with AXIS cameras (Bowl Camera Upgrade/Refurbishment CapEx Project).
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve staff recommendation.
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Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
5.G Action on Request Submitted by Stadium Manager to Award Agreement to California United Mechanical, Inc. for the Cooling Towers CapEx Project and Related Budget Amendment
5.G.1 22-1413 Request from Stadium Manager to Award Agreement to California United Mechanical, Inc. for the Cooling Towers CapEx Project and Related Budget Amendment
5.G.2 22-1414
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Agreement to California United Mechanical, Inc. for the Cooling Towers CapEx Project and Related Budget Amendment
Recommendation:
1. Approve a budget amendment for the Cooling Towers line item in the Stadium Authority FY 2022/23 CapEx Budget to increase the budget by $89,768 from the Capital Expense Reserve;
2. Approve the Stadium Manager’s request to award a one-time agreement to California United Mechanical, Inc. to replace internal parts and systems for the cooling towers at Levi’s Stadium (Cooling Towers CapEx Project) in the amount of $117,350;
3. Authorize the Executive Director to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and
4. Authorize the Executive Director to approve the execution of change orders up to 10% of the contract cost ($11,735), for a total not to exceed construction agreement amount of $129,085.
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
5.H Action on Request Submitted by Stadium Manager to Award Agreement to Bear Electrical Solutions, Inc. for the Broadcast Booth Power CapEx Project and Related Budget Amendment
5.H.1 22-1416 Request from the Stadium Manager to Award Agreement to Bear Electrical Solutions, Inc. for the Broadcast Booth Power CapEx Project and Related Budget Amendment
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5.H.2 22-1417 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Agreement to Bear Electrical Solutions, Inc. for the Broadcast Booth Power CapEx Project and Related Budget Amendment
Recommendation:
1. Approve a budget amendment for the Broadcast Booth Power line item in the Stadium Authority FY 2022/23 CapEx Budget to increase the budget by $39,893 from the Capital Expense Reserve;
2. Approve the Stadium Manager’s request to award an agreement to Bear Electrical Solutions, Inc. in the amount of $28,800 to implement supplemental lighting power and controls in the broadcast booth at Levi’s Stadium for the Broadcast Booth Power CapEx Project;
3. Authorize the Executive Director 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
4. Authorize the Executive Director to approve the Stadium Manager’s execution of change orders for the agreement up to $2,880, for a total not to exceed amount of $31,680.
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
5.I Action on Request Submitted by Stadium Manager for Approval to Issue Purchase Orders to Benjamin Litho, Inc. for Printing and Mailing Services
5.I.1 22-1444 Request from Stadium Manager for Approval to Issue Purchase Orders to Benjamin Litho, Inc. for Printing and Mailing Services
5.I.2 22-1445 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Issue Purchase Orders to Benjamin Litho, Inc. for Printing and Mailing Services
Recommendation:
1. Approve the Stadium Manager’s request to issue a purchase order to Benjamin Litho, Inc. in an amount not to exceed $9,300 inclusive of postage fees and applicable sales tax for printing and mailing 2023 SBL invoices; and
2. Approve the Stadium Manager’s request to issue a purchase order to Benjamin Litho, Inc. in the amount of $1,080 inclusive of applicable sales tax and delivery for printing tags for Guest Services.
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve staff recommendation.
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Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
5.J Action on Request Submitted by Stadium Manager to Award Agreement to Fluoresco Services, LLC for Replacement Wayfinding Signage and Maps at Levi’s Stadium (Updated Stadium Wayfinding Signage CapEx Project)
5.J.1 22-1440
Request from the Stadium Manager to Award Agreement to Fluoresco Services, LLC for Replacement Wayfinding Signage and Maps at Levi’s Stadium (Updated Stadium Wayfinding Signage CapEx Project)
5.J.2 22-1441
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Agreement to Fluoresco Services, LLC for Replacement Wayfinding Signage and Maps at Levi’s Stadium (Updated Stadium Wayfinding Signage CapEx Project)
Recommendation:
1. Approve the Stadium Manager’s request to award an agreement to Fluoresco Services, LLC in the amount of $112,486 to replace existing signage with new wayfinding signage and maps at Levi’s Stadium;
2. Authorize the Executive Director 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 to approve the Stadium Manager’s execution of change orders for the agreement up to $11,249, for a total not to exceed construction agreement amount of $123,735.
A motion was made Boardmember Becker, seconded by
Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
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PUBLIC PRESENTATIONS
Public Speaker thanked City Manager Batra for connecting him with two police captains to address his issues regarding illegal vendors at Levi's Stadium.
Mary Grizzle spoke about Reclaiming Our Downtown.
Kirk Vartan spoke about Ethics and Governance Committee meeting held on December 5, 2022 and stated that he expected the Committee to hold a discussion on ethics and expressed disappointment that it had not.
Wanda Buck spoke about the Ethics and Governance Committee meeting held on December 5, 2022 and expressed concerns of divisiveness on the Council.
22-1522 PUBLIC PRESENTATIONS POST MEETING MATERIAL
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS
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6. 22-14745 Action on FY 2021/22 Budget Year-End Report and Approve the Related Budget Amendments
Recommendation: 1. Note and file the FY 2021/22 Budget Year-End Report;
2. Approve the FY 2021/22 Budget Amendments to address necessary budget ratifications as set forth in Attachment 1 of this report (five affirmative Council votes required for revenue actions and the use of unused balances as noted for each item in Attachment 1); and
3. Approve the FY 2022/23 Budget Amendments as set forth in Attachment 2 of this report (five affirmative Council votes required for revenue actions and the use of unused balances as noted for each item in Attachment 2).
Finance Director Lee gave a PowerPoint presentation.
Council comments and questions followed.
Finance Director Lee responded and addressed council questions.
Additional Council questions followed and Finance Director Lee responded to those questions.
A motion was made by Councilmember Watanabe, seconded by Councilmember Park, to approve staff recommendation.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
7. 22-1231
Public Hearing: Action on a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers, Effective January 1, 2023 Recommendation:
Adopt a Resolution amending Rate Schedules for Electric Services to Increase Electric Rates and Charges in Each Rate Schedule by Eight Percent (8%), effective January 1, 2023.
Chief Electric Utilities Officer Pineda gave a PowerPoint presentation.
Council comments and questions followed.
Chief Electric Utilities Officer Pineda responded and addressed Council questions.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to close the Public Hearing.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adopt Resolution 22-9172 amending rate schedules for electric services to increase electric rates and charges in each rate schedule by eight percent (8%) effective January 1, 2023.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
8. 22-1285
Action on Appointment of a Santa Clara Station Area Plan Task Force Recommendation: 1. Appoint a Task Force to support the preparation of the Santa Clara Station Area Plan with membership including: Dan Ondrasek - Representative of Reclaiming Our Downtown (ROD); Dave Schoenwetter - Representative of Santa Clara University; Patricia Leung - Representative of the Historical and Landmarks Commission; Candida Diaz - Representative of the Cultural Commission; Rob Mayer - Architect and Santa Clara resident; Jane Casamajor - Representative of the Bicycle Pedestrian Advisory Committee; and a representative of the Old Quad Residents Association (OQRA) to be subsequently determined.
Community Director Crabtree gave a PowerPoint presentation.
Public Speakers:
Mark Kelsey
Adam Thompson
Jonathon Evans
Patricia Leung
Kirk Vartan
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to appoint Jonathon Evans as the Old Quad Residents Association representative with an amendment to expand the task force by Council appointment with one at-large member; one member from the SES Hall; one member from the business community; and one member that is a transportation advocate.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor 6 -
Nay: Councilmember Park1 -
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9. 22-1476 Actions to Adopt a Resolution Approving and Adopting Updated Salary Plans for Various As-Needed, Classified, and Unclassified Positions, Including City Manager
Recommendation:
1. Adopt a Resolution to approve the revised salary plans for various classified, unclassified, and as-needed positions, including the position of City Manager to satisfy the requirements of California Code of Regulations Section 570.5 effective December 25, 2022.
Human Resources Director Azevedo provided a verbal report.
A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to adopt Resolution 22-9173 to approve the revised salary plan as corrected for various classified, unclassified, and as-needed positions, including the position of City Manager to satisfy the requirements of California Code of Regulations Section 570.5 effective December 25, 2022.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Councilmember Watanabe reported that she attended a County of Santa Clara Human Trafficking Committee meeting last week.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
22-1519
City Manager Batra stated that there is a Special City Council and Authorities Concurrent Meeting on Thursday, December 8, 2022.
Adjournment Memo
A motion was made by Council/Boardmember Hardy, seconded by Council/Boardmember Becker, to adjourn meeting at 9:45 p.m. in memory of Charlie Tucker and Patricia Ann Deto.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
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The next regular scheduled meeting is on Tuesday, December 13, 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 [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.
City of Santa Clara
Minutes
Special Meetings of the Council and Authorities
Concurrent Meeting and Santa Clara Stadium Authority
Draft
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
12/08/2022
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. 22-9160 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.
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 Mayor/Chair calls for a Special Meeting of the Governing Board of the City Council, Housing Authority and Sports and Open Space Authority and the Stadium Authorityand the Stadium Authority, to commence and convene on December 8, 2022, at 5:00 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 - 5:00 PM | Special Meeting - 5:30 PM
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the Closed Session meeting to order at 5:01 p.m.
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Roll Call
Councilmember Park arrived at 5:02 p.m.
Councilmembers Watanabe and Hardy arrived at approximately 5:15 p.m.
Councilmember Kevin Park, Vice Mayor Suds Jain, Councilmember Anthony Becker, Councilmember Raj Chahal, and Mayor Lisa M.
Gillmor
Present: 5 -
Councilmember Kathy Watanabe, and Councilmember Karen HardyAbsent: 2 -
1. 22-1506
Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(4) - Initiation to litigation Number of potential cases: 1
Public Comment
There were none.
Convene to Closed Session (Council Conference Room)
Council convened into Closed Session 5:03 p.m.
5:30 PM SPECIAL MEETING
Council/Boardmember Kathy Watanabe, Vice Mayor/Chair Suds Jain, Council/ Boardmember Anthony Becker, Council/Boardmember Raj Chahal, Mayor/Chair
Present: 6 -
Lisa M. Gillmor, and Council/Boardmember Karen Hardy
Absent: 1 - Council /Boardmember Kevin Park
Call to Order
Mayor/Chair Gillmor called the Open Session to order at 6:32 p.m.
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Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.
Council/Boardmember Chahal read the Statement of Values.
Deputy City Clerk/Secretary Estabillo recited the AB23 Announcement and the Statement of Behavioral Standards.
Deputy City Clerk/Secretary Estabillo also noted that any registered Lobbyist must identify themselves and whom they represent when speaking at a public meeting.
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Mayor/Chair Gillmor stated there were no reportable actions taken in Closed Session.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
There were none.
CONSENT CALENDAR
Vice Mayor/Chair Jain and Council/Boardmember Chahal pulled Item
2.B from the Consent Calendar.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve the balance of the Consent Calendar (except Item 2.B).
Aye:
Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council /Boardmember Park
A motion was made by Council/Boardmember Chahal, seconded by Council/Boardmember Hardy, to excuse Council/Boardmember Park from the Open Session.
Aye: Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council /Boardmember Park
12/08/2022Council and Authorities Concurrent and
Stadium Authority Special Meetings
Meeting Minutes
2.A 22-1368 Action on a Joint Resolution Delegating Authority to the City Manager/Executive Director for City/Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority During the period from December 14, 2022 to January 9, 2023
Recommendation:
That the City Council/Stadium Authority Board/Sports and Open Space Authority/Housing Authority:
Adopt a Joint Resolution delegating authority to the City Manager/Executive Officer for City/Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority to approve project related documents during the period from December 14, 2022 to January 9, 2023 and requiring the City Manager/Executive Director/Contract Administrator to submit a report on actions taken during the Council recess at a City Council/Stadium Authority/Sports and Open Space Authority/Housing Authority meeting in January 2023.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to adopt Resolution 22-9174
delegating authority to the City Manager/Executive Officer for City/Santa Clara Stadium Authoirty/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority to approve project related documents during the period from December 14, 2022 to January 9, 2023 and requiring the City Manager/Executive Director/Contract Administrator to submit a report on actions taken during the Council recess at City Council/Stadium Authority/Sports and Open Space
Authority/Housing Authority meeting in January 2023.
Aye:
Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council Boardmember Park
2.C 22-1482 Action on License Agreement with Related Santa Clara Granting Temporary Right of Entry to City-Owned Tasman Garage Located at 2525 Tasman Drive
Recommendation:
Alternative 1: Authorize the City Manager to negotiate and execute the License Agreement granting temporary right of entry with Related Santa Clara to the City-owned Tasman Garage to construct pedestrian and vehicle connections from the Related Santa Clara project to the City garage located at 2525 Tasman Drive.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
12/08/2022Council and Authorities Concurrent and
Stadium Authority Special Meetings
Meeting Minutes
Aye: Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council /Boardmember Park
2.D 22-987 Action on Agreements for Professional Services for the Benton Bicycle Lanes, De La Cruz Boulevard Class IV Bikeway, Monroe Street Class II Buffered Bikeway, and Walsh Avenue Class IV Bikeway Projects and Related Budget Amendments
Recommendation:
1. Authorize the City Manager to negotiate and execute an agreement with Alta Planning + Design, Inc. to provide professional bike planning services for the Benton Bicycle Lanes project for a maximum compensation of $285,669 and for the Monroe Street Class II Buffered Bikeway project for a maximum compensation of $263,700 for an initial three-year term with a total maximum compensation not-to-exceed $549,369;
2. Authorize the City Manager to negotiate and execute an agreement with Kimley-Horn and Associates, Inc. to provide professional bike planning services for the De La Cruz Boulevard Class IV Bikeway project for an initial three-year term with maximum compensation not-to-exceed $250,083;
3. Authorize the City Manager to negotiate and execute an agreement with TJKM Transportation Consultants to provide professional bike planning services for the Walsh Avenue Class IV Bikeway project for an initial three-year term with maximum compensation not-to-exceed $301,708;
4. Authorize the City Manager to make modifications to all three agreements, if necessary and to extend the term; and
5. Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the FY 2022/23 budget amendment in the Streets and Highways Capital Fund to increase the De La Cruz Boulevard Class IV Bikeway Study Project by $50,083, increase the Walsh Avenue Class IV Bikeway Study Project by $51,708, increase the Monroe Street Class II Buffered Bike Lane Study Project by $63,700, and decrease the Pedestrian and Bicycle Enhancement Facilities Project by $165,491.
A motion was made by Council/Boardmember Becker, seconded by Council/ Boardmember Hardy, to approve staff recommendation.
Aye: Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council /Boardmember Park
12/08/2022Council and Authorities Concurrent and
Stadium Authority Special Meetings
Meeting Minutes
2.E 22-1458 Action on First Amendment to Disposition and Development Agreement with Related Santa Clara for the Development of 240-acres of City-Owned Property located at 5155 Stars and Stripes Drive
Recommendation:
Approve and authorize the City Manager to execute First Amendment to Disposition and Development Agreement with Related Santa Clara for the Related Santa Clara development located at 5155 Stars and Stripes Drive.
A motion was made by Council/Boardmember Becker, seconded by Council/ Boardmember Hardy, to approve staff recommendation.
Aye: Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council /Boardmember Park
2.F 22-1477 Action on First Amendment to Landfill Post-Closure Operation and Management Agreement with Related Santa Clara for the Related Santa Clara project located on Former City All-Purpose Landfill at 5155 Stars and Stripes Drive
Recommendation:
Approve and authorize the City Manager to execute the First Amendment to Landfill Post-Closure Operation and Management Agreement.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council /Boardmember Park
PUBLIC PRESENTATIONS
22-1531 PUBLIC PRESENTATIONS
Kirk Vartan spoke about Section 8.07 of the City Charter.
CONSENT ITEMS PULLED FOR DISCUSSION
12/08/2022Council and Authorities Concurrent and
Stadium Authority Special Meetings
Meeting Minutes
2.B 22-951 Action on a Purchase Order with One Day Installation and Repairs, Inc. for Work Related to the Fire Damage at Eddie Souza Park Building; Related Budget Amendment; and Class 1 CEQA Categorical Exemption Recommendation:
1. Authorize the City Manager to execute a purchase order with One Day Installation and Repairs, Inc. in the amount of $259,000 for base services related to fire damage repairs at the Eddie Souza park Building;
2. Authorize a contingency of $41,000 for any unforeseen conditions that may arise during the project for a total amount not-to-exceed $300,000;
3. Authorize the City Manager to execute all documents associated with the project including necessary paperwork and reimbursement documents with the City’s insurer, McLarens;
4. Adopt a Class 1 Categorical Exemption under CEQA Guidelines Section 15301; and
5. Approve the following FY 2022/23 Budget Amendments (five affirmative Council votes required):
A. In the Parks and Recreation Capital Fund, increase the Other Revenue estimate by $275,000, increase the Transfer from the General Fund by $25,000 and establish an Eddie Souza Park Building Repair project in the amount of $300,000.
B. In the General Fund, increase the Transfer to the Parks and Recreation Capital Fund by $25,000 and decrease the Land Sale Reserve by $25,000.
Vice Mayor Jain asked questions regarding the fire damages sustained at the community garden at Eddie Souza Park.
Councilmember Chahal provided comments regarding the time frame it took to repair the restroom at Eddie Souza Park.
City Manager Batra responded to the questions.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council/Boardmember Park
PUBLIC HEARING/GENERAL BUSINESS
12/08/2022Council and Authorities Concurrent and
Stadium Authority Special Meetings
Meeting Minutes
3. 22-1426 Action on a Draft Response to the October 7, 2022 Santa Clara County Civil Grand Jury Report, “If You Only Read the Ballot, You’re Being Duped” Recommendation:
Approve the draft response to the 2022 Santa Clara County Civil Grand Jury Report “If You Only Read the Ballot, You’re Being Duped” Assistant City Attorney Liz Klotz provided a PowerPoint presentation.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to approve staff recommendation.
Aye:
Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council/Boardmember Park
WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL Councilmember Becker requested to have Agenda Item 5 be heard prior to Agenda Item 4.
Mayor Gillmor moved Agenda Item 4 to be heard before Agenda Item 5.
5. 22-1509 Action on a Written Petition (Council Policy 030), Submitted by Joseph P.
Goschy Requesting to Place an Agenda Item on a Future Council Meeting for Council to Address Noise Violations from New Construction that was Approved by the City
Recommendation:
Staff makes no recommendation.
Petitioner Joseph P. Goschy was called to speak.
A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to refer this Written Petition to the City Manager and to return to Council with an update.
Aye:
Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council /Boardmember Park
PUBLIC HEARING/GENERAL BUSINESS
12/08/2022Council and Authorities Concurrent and
Stadium Authority Special Meetings
Meeting Minutes
4. 22-1501 Action on the Council/Board’s Comment to the October 10, 2022 Santa Clara County Civil Grand Jury Report: “Unsportsmanlike Conduct: Santa Clara City Council.”
Recommendation:
1. Consider the draft comment to the Report, including a date to implement Recommendation 4b, and propose any other revisions to the draft comment.
2. Approve the final version of the draft comment (“Comment to the Civil Grand Jury Report”).
3. Authorize Mayor/Board Chair to submit the Council/Board’s Comment to the Civil Grand Jury Report subject only to technical, conforming, non-substantive modifications prepared by the City Attorney’s Office, to the Honorable Beth McGowan, Presiding Judge, Superior Court of California, County of Santa Clara, 191 North First Street, San Jose, California 95113, no later than Monday, January 9, 2023.
Interim City Attorney Ngo presented the staff report and stated that a Council consensus is needed on a date to implement Finding 4B of the Grand Jury Report.
Council discussion ensued.
Public Speaker was called.
A motion was made by Council/Boardmember Hardy seconded by Council/Boardmember Becker to receive the World Cup 2026 bid by February 1, 2023, and implement Recommendation 4B by end of 2023.
Aye:
Vice Mayor/Chair Jain, Council/Boardmember Becker, Council/ Boardmember Chahal, and Council/Boardmember Hardy
4 -
Nay: 2 - Council /Boardmember Watanabe, and Mayor/Chair Gillmor
Absent: 1 - Council /Boardmember Park
Council discussion was held on submitting a dissenting opinion with the City's response to the Grand Jury Report.
Public Speakers:
Public Speaker
Nancy Biagini
A motion was made by Council/Boardmember Hardy, seconded by Council/Boardmember Becker, to approve staff recommendation and to include a cover memo to the Grand Jury Report response stating the decision was not unanimous.
12/08/2022Council and Authorities Concurrent and
Stadium Authority Special Meetings
Meeting Minutes
Aye: Vice Mayo/Chairr Jain, Council/Boardmember Becker, Council/ Boardmember Chahal, and Council/boardmember Hardy
4 -
Nay: 2 - Council /Boardmember Watanabe, and Mayor/Chair Gillmor|
Absent: 1 - Council /Boardmember Park
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
There were none.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
There were none.
22-1508 Tentative Meeting Agenda Calendar (TMAC)
ADJOURNMENT
A motion by Council/Boardmember Becker, seconded by Council/ Boardmember Chahal, to adjourn the meeting at 7:44 p.m.
Aye: Council/Boardmember Watanabe, Vice Mayor/Chair Jain, Council/ Boardmember Becker, Council/Boardmember Chahal, Mayor/Chair Gillmor, and Council/Boardmember Hardy
6 -
Absent: 1 - Council /Boardmember Park
The next regular scheduled meeting is on Tuesday, December 13, 2022 in the City Hall Council Chambers.
12/08/2022Council and Authorities Concurrent and
Stadium Authority Special Meetings
Meeting Minutes
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.
MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent Meeting
Draft
7:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
12/13/2022
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. 22-9160 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.
7:00 PM COUNCIL REGULAR MEETING
Call to Order
Mayor Gillmor called the meeting to order at 7:04 p.m.
Pledge of Allegiance and Statement of Values
Councilmember Chahal conducted the Pledge of Allegiance and read the Statement of Values.
Assistant City Clerk Pimentel cited the AB23 Announcement and Statement of Behavioral Standards.
Roll Call
12/13/2022Council and Authorities Concurrent
Meeting
Meeting Minutes
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 -
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
There were none.
CONSENT CALENDAR
A motion was made by Councilmember Becker, seconded by
Councilmember Park, that this item be Approved the Consent Calendar.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
22-331.A Board, Commissions and Committee Minutes
Recommendation:
Note and file the Minutes of:
Bicycle and Pedestrian Advisory Committee - August 22, 2022 Historical and Landmarks Commission - November 3, 2022
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
1.B 22-1525
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
Councilmember Park, to adopt Resolution 22-9175 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
12/13/2022Council and Authorities Concurrent
Meeting
Meeting Minutes
PUBLIC PRESENTATIONS
Public Presentation was given by the following speakers:
Sehar Awan
Mary Grizzle
Santa Clara County Board of Supervisor Susan Ellenberg
Alexis
Rosie Chen
Public Speaker
Kirk Vartan
Vincent Chen
Alex Shore with Catalyze SV
CONSENT ITEMS PULLED FOR DISCUSSION
There were none.
PUBLIC HEARING/GENERAL BUSINESS
2. 22-897 Adopt a Resolution Declaring the Results of the Canvass of Returns of the Consolidated General Municipal Election held on November 8, 2022 with the Statewide Gubernatorial Election
Recommendation: Adopt a resolution reciting the facts of the Consolidated Municipal Election held on November 8, 2022 with the Statewide Gubernatorial Election and declare the following candidates elected: for Councilmember in Council District 2 Raj Chahal, for Councilmember in Council District 3 Karen Hardy, and for Mayor Lisa M. Gillmor, each for a four-year term ending 2026.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to adopt Resolution 22-9176 reciting the facts of the Consolidated Municipal Election held on November 8, 2022 with the Statewide Gubernatorial Election and declare the following candidates elected for Councilmember in Council District 2 Raj Chahal, Councilmember in Council District 3 Karen Hardy, and for Mayor Lisa M. Gillmor, each for a four-year term ending 2026.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
3. Ceremonial Oaths Administered to Elected Officials as Follows:
12/13/2022Council and Authorities Concurrent
Meeting
Meeting Minutes
a.
Administration of Oath to Re-Elected Councilmember for District 2 Raj Chahal Ajapal Chahal administered the Oath to re-elected Councilmember for District 2 Raj Chahal.
b. Administration of Oath to Re-Elected Councilmember for District 3 Karen Hardy Mark Hardy administered the Oath to re-elected Councilmember for District 3 Karen Hardy.
c. Administration of Oath to Re-Elected Mayor Lisa M. Gillmor Chloe Gillmor administered the Oath to re-elected Mayor Lisa M.
Gillmor.
4. Remarks by Elected Officials
a. Re-Elected Councilmember for District 2 Raj Chahal
Councilmember Chahal provided remarks.
b. Re-Elected Councilmember for District 3 Karen Hardy
Councilmember Hardy provided remarks.
c. Re-Elected Mayor Lisa M. Gillmor
Mayor Gillmor provided remarks.
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
There were none.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
City Manager Batra provided brief remarks regarding leadership in the upcoming calendar year.
ADJOURNMENT
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to adjourn the meeting at 8:02 p.m.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor
7 -
12/13/2022Council and Authorities Concurrent
Meeting
Meeting Minutes
The next regular scheduled meeting is on Tuesday, January 10, 2023 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 [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.
City of Santa Clara
Minutes
Special Council Meeting
Draft
3:00 PM Hybrid Meeting
City Hall Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
12/16/2022
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. 22-9175 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.
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 Mayor calls for a Special Meeting of the Santa Clara City Council to commence and convene on December 16, 2022, at 3:00 PM for a Special Meeting, to consider the following matter(s) and to potentially take action with respect to them.
3:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the meeting to order at 3:03 p.m.
Roll Call
Councilmember Kevin Park, Mayor Lisa M. Gillmor, Councilmember Raj Chahal, Councilmember Kathy Watanabe, Councilmember Karen Hardy, Vice Mayor Suds Jain, and Councilmember Anthony Becker
Present: 7 -
12/16/2022
Special Council Meeting
Meeting Minutes
Public Comment
There were none.
ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:
Mayor Gillmor adjourned the meeting to Closed Session at 3:03 p.m.
1.A 22-1549 Public Employment Appointment (Government Code §§ 54957, 54954.5, subd. (e))
Title: City Attorney
1.B 22-1526
Public Employment Appointment (Government Code §§ 54957, subd. (b) (1) and 54954.5, subd. (e))
Title: City Manager
ADJOURNMENT
Mayor Gillmor adjourned the meeting at 6:00 p.m.
The next regular scheduled meeting is on Tuesday, January 10, 2023 in the City Hall Council Chambers.
12/16/2022
Special Council Meeting
Meeting Minutes
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.
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.
MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-09 Agenda Date: 3/21/2023
REPORT TO COUNCIL
SUBJECT
Board, Commissions and Committee Minutes
COUNCIL PILLAR
Enhance Community Engagement and Transparency
RECOMMENDATION
Note and file the Minutes of:
Board of Library Trustees - November 7, 2022
Board of Library Trustees - December 5, 2022
Cultural Commission - February 6, 2023
Governance and Ethics Committee - December 5, 2022
Governance and Ethics Committee - June 7, 2021
City of Santa Clara Printed on 3/16/2023Page 1 of 1
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City of Santa Clara
Meeting Minutes
Board of Library Trustees
Board Approved
6:00 PM Virtual Meeting11/07/2022
Pursuant to the Government Code section 54953(e) and City of Santa Clara Resolution 22-9150, the Board of Library Trustees meeting will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to have methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca-gov.zoom.us/j/81468761622
Webinar ID: 814 6876 1622 or
o Phone: 1(669) 900-6833
PUBLIC PARTICIPATION IN ZOOM WEBINAR: Please follow the guidelines below when participating in a Zoom Webinar:
- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting. - If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak. - Mute all other audio before speaking. Using multiple devices can cause an audio feedback. - Use the raise your hand feature in Zoom when you would like to speak on an item and lower when finished speaking. Press *9 to raise your hand if you are calling in by phone only. - Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute. - If you no longer wish to stay in the meeting once your item has been heard, please exit the meeting.
CALL TO ORDER AND ROLL CALL
Chair Evans called the meeting to order at 6:27pm.
Trustee Leonne Broughman, Trustee Debbie Tryforos, Vice Chair Jan Hintermeister, Trustee Stephen Ricossa, and Chair Jonathon Evans Present 5 -
11/07/2022Board of Library Trustees Meeting Minutes
CONSENT CALENDAR
A motion was made by Trustee Broughman, seconded by Trustee Tryforos to approve the Consent Calendar. The motion passes 5-0.
Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
5 -
1.A. 22-1357 Action on the Meeting Minutes of October 3, 2022 Recommendation: Approve meeting minutes of October 3, 2022
PUBLIC PRESENTATIONS
GENERAL BUSINESS
2. 22-1226
City Librarian Patty Wong was asked by Foundation and Friends Executive Director JoAnn Davis to announce the Book Sale on November 19, 2022 from 10am-2pm at the Central Park Library.
Action on the Request from the Santa Clara County Historical and Genealogical Society to hold a Fundraising Event in March 2023 at the Central Park Library.
Recommendation: There is no staff recommendation.
The Santa Clara County Historical and Genealogical Society (SCCHGS) Program Chair, Linda Sanders and President, Nancy Moffett gave an overview of the seminar/fundraising event they would like to hold at the Central Park Library on March 25, 2023 from 10am-2pm. The proposed seminar will be in partnership with the Silicon Valley Computer Genealogy Group (SVCGG) and the
San Mateo County Genealogical Society (SMCGS). Author Bill Cole will give 3 talks reviewing Researching England's Records. The purpose of the requested seminar/fundraising event is to provide free education to the local community and to raise funds for additional books and publications for the Santa Clara City Library's Genealogy Collection. As part of the discussion, Vice Chair Hintermeister suggested a need to add a fundraising discussion to a future agenda and a possible item for a future Work Plan.
A motion was made by Trustee Broughman, seconded by Trustee Ricossa to recommend that staff approve the request from the Santa Clara Historical and Genealogical Society to hold a fundraising event March 25, 2023 at the Central Park Library. The motion passes 5-0.
Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
5 -
11/07/2022Board of Library Trustees Meeting Minutes
3. 22-1375 Action to Establish a Subcommittee for Onboarding New Trustees.
Recommendation: Discuss and consider the formation of an onboarding subcommittee At the last Board of Library Trustee meeting Vice Chair, Hintermeister requested the consideration of a subcommittee of on boarding new Trustees.
City Librarian, Wong consulted the City Attorney's Office. At any time the Board can choose to gather as a work group with no more than 2 Trustees.
Agendas or Notices are not necessary.
Trustee Ricossa, seconded by Trustee Broughman nominated Vice Chair Hintermeister as the Chair of the subcommittee. Vice Chair Hintermeister accepted. He would like the Board of Library Trustees responsibilities made clear with documentation for future Trustees. Trustee Tryforos and City Librarian Wong will join Vice Chair Hintermeister on the subcommittee. The subcommittee will outline responsibilities and duties and share back with the Board at the February 6, 2023 meeting.
A motion was made by Vice Chair Hintermeister, seconded by Trustee Broughman to establish the subcommittee for onboarding new Trustees. The motion passes 5-0.
Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
5 -
4. 22-1376 Board Development and Engagement
Recommendation: This item is informational only, there is no recommendation.
City Librarian, Wong updated the Board on the Strategic Plan. The two remaining proponents were given final offers and have a week to respond. The process will begin in the new year and is expected to conclude at the end of the year. Amongst the planning group will be an appointed representative from the Board of Library Trustees, a representative from the Library Foundation and Friends Board, and 2-3 Library employees. A larger group will be comprised of business leaders, academics, partners of the library, etc. Surveys will be conducted to gain insight from the community. The selected consultant will attend the February Board meeting. City Librarian, Wong will provide the selected consultants' application and information to the Board including correspondence regarding the final offer letter.
11/07/2022Board of Library Trustees Meeting Minutes
5. 22-1377 Board of Library Trustees Calendar of Meetings for 2023 Recommendation: There is no staff recommendation for this issue.
The Board of Library Trustees 2023 Meeting Calendar was reviewed.
A motion was made by Vice Chair Hintermeister, seconded by Trustee Broughman to approve the Board of Library Trustees 2023 Meeting Calendar.
Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
5 -
STAFF REPORT
11/07/2022Board of Library Trustees Meeting Minutes
22-1373 City Librarian Report on Library Programs and Activities.
Recommendation: Note and file monthly update on Library activities.
Assistant City Librarian, Goyal gave a presentation of the Statistics & Survey Results of Library Comic Con 2022. There was an estimated 6,000 visitors. A visitor survey was conducted with 193 responses as of 10/31/2022. Out of 5 stars it was rated 4.68 (95% rated 5 stars). Most patrons would attend the event again. The Board formally thanked and congratulated staff for their hard work on Comic Con and the survey. The Board asked for a copy of the video communications made of Comic Con. The video will be shared once edits have been completed. Staff are reviewing costs and statistics associated with Comic Con to decide on the frequency of the event.
City Librarian, Wong shared that staff have left due to higher education and lack of available positions at the Santa Clara City Library. The Management Analyst position has been filled by Sami James who will begin on December 12, 2022.
The Friends and Foundation fund-raise for the Library through book sales. The library requested close to $13k in funds for programming which will be decided upon soon. There is a delay in terms of opening Café Sarah. The MOU between the Friends and Library expired earlier this year. The City wishes to examine the contract in depth. The City is working on rectifying the situation.
The pilot of new hours seems to be working well. There will be advertising taking place in the near future. The numbers are incredibly high per hour that we are open.
The Library will have a target that needs to be met due to the $27 million deficit.
The target may be somewhere around 10%. Library Management will attempt to keep all staff and reduce the materials budget.
Trustee Broughman mentioned the Foundation and Friends fundraising for materials. City Librarian, Wong and Foundation and Friends Executive Director, Davis have discussed the possibility of fundraising for materials. Staff will also look more closely at donations that can be added to the collection.
City Librarian, Wong shared with the Board that the Library was bequeathed 2 antique clocks by a 93 year old patron.
11/07/2022Board of Library Trustees Meeting Minutes
TRUSTEES REPORT
ADJOURNMENT
Chair Evans shared with the Board that during a recent trip to a Sharks game he was able to sign up for a San Jose Library card due to their partnership and wondered if the Santa Clara City Library might have any similar partnerships.
City Librarian, Wong shared that the San Francisco Library is working on a similar partnership with the San Francisco 49ers. She is working towards including the Santa Clara City Library in this partnership.
Vice Chair Hintermeister went to a poetry meeting at the Triton Museum and recommended everyone attend the Ferlinghetti exhibit.
Trustee Broughman requested Vice Chair Hintermeister's budget analysis be placed on the Agenda during the December 2022 Board of Library Trustees meeting.
The meeting was adjourned at 8:20pm.
A motion was made by Trustee Broughman, seconded by Vice Chair Hintermeister to adjourn the meeting. The motion passes 5-0.
Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
5 -
The Board of Library Trustees Meeting is adjourned to December 5, 2022 at 6pm.
MEETING DISCLOSURES
11/07/2022Board of Library Trustees Meeting Minutes
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.
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.
City of Santa Clara
Meeting Minutes
Board of Library Trustees
Board Approved
6:00 PM Virtual Meeting12/05/2022
Pursuant to the Government Code section 54953(e) and City of Santa Clara Resolution 22-9160, the Board of Library Trustees meeting will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to have methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca-gov.zoom.us/j/85864257230
Webinar ID: 858 6425 7230 or
o Phone: 1(669) 900-6833
PUBLIC PARTICIPATION IN ZOOM WEBINAR: Please follow the guidelines below when participating in a Zoom Webinar:
- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting. - If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak. - Mute all other audio before speaking. Using multiple devices can cause an audio feedback. - Use the raise your hand feature in Zoom when you would like to speak on an item and lower when
finished speaking. Press *9 to raise your hand if you are calling in by phone only. - Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming
from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute. - If you no longer wish to stay in the meeting once your item has been heard, please exit the meeting.
CALL TO ORDER AND ROLL CALL
Chair Evans called the meeting to order at 6:05pm. Trustee Broughman was excused from the meeting.
Trustee Debbie Tryforos, Vice Chair Jan Hintermeister, Trustee Stephen Ricossa, and Chair Jonathon Evans
Present 4 -
Absent 1 - Trustee Leonne Broughman
12/05/2022Board of Library Trustees Meeting Minutes
CONSENT CALENDAR
1.A. 22-1485
Item 22-1486 should be listed under General Business not Consent Calendar.
Action on the Meeting Minutes of November 7, 2022
Recommendation: Approve meeting minutes of November 7, 2022 City Librarian, Wong clarified that the Board should only recommend approval of the request to fundraise since the Board is Advisory. The minutes will be amended to reflect the correction.
The Board would like to invite the City Manager's Office and City Attorney's Office to a January 2023 Special Meeting to clarify the City Charter Provisions related to the Roles and Responsibilities of the Board.
A motion was made by Vice Chair Hintermeister, seconded by Trustee Tryforos to approve the Consent Calendar as amended. The motion passes 3-1.
Aye: 3 - TrusteeTryforos, Vice Chair Hintermeister, and Chair Evans Nay: 1 - Trustee Ricossa
Absent: 1 - Trustee Broughman
12/05/2022Board of Library Trustees Meeting Minutes
22-1486 Action on Communication with the City Council Concerning the Library Budget Recommendation: Discuss and consider communication with the City Council.
City Librarian, Wong informed the Board of the 10.8% discretionary budget reduction the library has been given. This is roughly 1 million 15 thousand, each year, for the next two years. This reduction may continue past the two year budget cycle, dependent upon City economics. Library staff has been drafting a target memo which is due to Finance December 9, 2022. We would like to maintain our current level of hours. Which can only be done if we keep all current staff including as-needed. We will ask to fill our vacant permanent coded positions. As of right now, we are considering reducing funds (beginning FY 23/24) primarily from two sources 1. the as-needed budget leaving enough funds to cover current staffing levels 2. the materials budget. The rest will come from building maintenance/utilities, and by reducing programming and training.
The library was previously asked to take a 1.6 million reduction in 2020 along with other departments. Finance has mentioned parcel tax for future funding.
The library was encouraged to include this in the Memo to Finance.
Assistant City Librarian, Goyal reviewed the last few years of levels of library service. In 2014 the library was open 172 hours across all 3 branches with 110 staff members. 2014-2020 hours were reduced to 144 hours. In February of 2021 due to COVID conditions and lack of staff the Central Park Library was open for lobby service for 24 hours. In April 2021 hours were increased to 48 hours between all of the branches. August 2021- January 2022 hours were increased to 64 hours a week. November 2022 to present the libraries are open 87 hours a week with 60 staff members.
The Board requested more information regarding the previous budget cut of 1.6 million and would like to know how much was cut from other City departments and if anything was returned to the library. They would also like information about neighboring libraries including budget, staffing levels, hours of operation, and funding. Data per capita as well as demographics were requested. Staff will provide requested information to the Board.
This item will be continued at a January 2023 Special Meeting.
A motion was made by Trustee Ricossa, seconded by Trustee Tryforos to have a special meeting in January 2023 to discuss communication to the City Council. The motion passes 4-0.
Aye: Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
4 -
12/05/2022Board of Library Trustees Meeting Minutes
Absent: 1 - Trustee Broughman
PUBLIC PRESENTATIONS
GENERAL BUSINESS
2. 22-1489 Initial Discussion of Work Plan for 2023
Recommendation: Review and approve work plan
4. 22-1490
Staff will share a draft of the 2023 Board of Library Trustees Work Plan at the February 2023 meeting for review and implementation upon Council approval.
Discussion and Action on Future Board Development and Engagement Agenda Items
Recommendation: No recommendation
City Librarian Wong clarified information given to her by City Management regarding Board involvement in the Facilities Master Plan. The Board will not be involved in the selection of the proponent since they will make recommendations on the process to avoid a conflict of interest.
The Board was confused on how there could be a conflict of interest. They said this was inconsistent with other City policies and Boards. Item 8. 22-1285 on the December 6, 2022 Council Agenda contradicts this information. The Board would like to invite City Management to a Board meeting and explain their standing.
STAFF REPORT
12/05/2022Board of Library Trustees Meeting Minutes
22-1492 City Librarian Report on Library Programs and Activities.
Recommendation: Note and file monthly update on Library activities.
TRUSTEES REPORT
ADJOURNMENT
City Librarian Wong shared that the one-time carryover of funds from last year is being used to replace PC's and Self-Checks.
There was an unfortunate situation that occurred on November 19th at the Central Park Library. A patron was found unresponsive. Staff did their best to revive the customer with no success. The City offered grief counciling the Monday after the incident by a former Chaplain at PD. Kudos to the team for handling the incident so well. Staff are very resilient. The Security Guard Antonio Browder did a great job in handling the situation. He will be working with us longer term. There was an incident at the Northside Branch where someone was vandalizing the building with a large amount of graffiti. The police are handling this through juvenile court. Staff and the custodians handled this very well. Northside Library Assistant Andrew Paul received his M.L.S. last year and has accepted an Adult Services Librarian position at the Sunnyvale Library. His last day in December 14 and we wish him well. As-Needed Library Assistant Matthew Gallucci has accepted a part-time position at the Sunnyvale Library. He will stay on with the Santa Clara City Library working on weekends.
The meeting was adjourned at 8:07pm.
A motion was made by Vice Chair Hintermeister, seconded by Trustee Tryforos to adjourn the meeting.
Aye: Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
4 -
Absent: 1 - Trustee Broughman
The Board of Library Trustees meeting is adjourned to February 6, 2022, at 6pm.
MEETING DISCLOSURES
12/05/2022Board of Library Trustees Meeting Minutes
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.
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.
City of Santa Clara
Meeting Minutes
Cultural Commission
Draft
7:00 PM Zoom Meeting02/06/2023
Pursuant to California Government Code Section 54953(e) and City of Santa Clara Resolution 23-9178, the Cultural Commission meeting will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to have methods for the public to participate remotely:
Via Zoom:
https://santaclaraca.zoom.us/j/98272283531
Webinar ID: 982 7228 3531
Or join by phone: 1-669-900-6833
CALL TO ORDER AND ROLL CALL
Chair Diaz called the meeting to order at 7:04 p.m.
Vice Chair Louis Samara, Commissioner Debra von Huene, Chair Candida Diaz, and Commissioner Paul McNamara
Present 4 -
Commissioner Siddarth Sundaram, and Commissioner Jonathan Marinaro
Absent 2 -
CONSENT CALENDAR
1.A 23-81 Cultural Commission Regular Meeting Minutes of January 9, 2023 Recommendation: Approve the Cultural Commission Regular Meeting Minutes of January 9, 2023
A motion was made by Vice Chair Samara, seconded by
Commissioner von Huene, that this item be approved. The motion passed with the following vote:
Aye: Vice Chair Samara, Commissioner von Huene, Chair Diaz, and Commissioner McNamara
4 -
Absent: Commissioner Sundaram, and Commissioner Marinaro2 -
02/06/2023Cultural Commission Meeting Minutes
PUBLIC PRESENTATIONS
None.
GENERAL BUSINESS
02/06/2023Cultural Commission Meeting Minutes
2. 23-82 Discussion of Cultural Commission Work Plan Goals and Activities for FY 2022/23
Recommendation: Discuss Cultural Commission work plan goals and activities for FY 2022/23.
Commissioners reported the following updates to the Cultural Commission Work Plan Goals and Activities for FY 2022/23.
GOAL #1: Host and enhance multicultural events to encourage and acquaint Santa Clara residents with cultural diversity.
Summer Concert Series: GFI Entertainment was awarded the bid for sound and production for the Concert Series and Street Dance. The GFI Entertainment contract is on the City Council agenda for approval on March
7. The committee will meet and discuss venues, dates, genres and bands for this year and report back at the March meeting. They are considering two (2) concerts on the northside. A recommendation was given for a Bollywood night.
Proposed dates for concert series: June 9, June 23, July 21, Aug. 18 and Sept. 29.
Street Dance: Vice Chair Samara mentioned that the Street Dance will be held on Aug 4. He will report an update of suggested bands at the March meeting.
Sponsorship: The Sponsorship Packet is almost complete. Once completed, the commission can begin securing sponsors to help cover expenses.
GOAL #2: Develop and encourage interactive, art opportunities to provide temporary, performing, cultural, and public art in the City.
Public Art-Commissioner von Huene reported that she has spoke with two people regarding potential art projects. She is working on specifics and a Call for Artists. City Hall Plaza or CRC are locations that may considered and would require a permit.
June is a target date for the contract to be in place and installation will occur after. Expenses could be incurred in the next fiscal year. An update will be given at the March meeting.
Utility Box Art-Chair Diaz shared a presentation on the Utility Box art Project showcasing the artwork and locations. Three (3) of the six (6) Utility
02/06/2023Cultural Commission Meeting Minutes
Boxes have been completed. The weather delayed the completion progress. Remaining boxes should be completed by March. Chair Diaz thanked staff for their work.
Holiday Home Decorating Contest- This project has been completed.
Public Art Map-Completed Utility Boxes will be added to the map by Chair Diaz.
GOAL #3: Raise the visibility of commemorative months.
Vice Chair Samara and Chair Diaz reviewed the current
commemorative months and would like to secure a new artist to re-design the Coloring Book and update all the pages. $1200 was allocated for an artist to complete the Coloring Book in the past. Commissioners will proof the new Coloring Book for errors.
Commissioner von Huene posted the Feb. coloring page online and will also post March next month.
GOAL #4: Enhance communication and media strategy to increase community awareness of the Cultural Commission.
Marketing Strategies-Commissioners Marinaro and McNamara met and talked about a marketing strategy. They will develop a process and report back in March.
Present to Council-Chair Diaz stated they could report on the following:
Home Decorating Contests, Utility Box Project and Summer Concert Dates. Chair Diaz will provide a possible date, six (6) weeks in advance to report to City Council.
GOAL #5: Prepare for Citywide Arts Master Plan Process
Patrick Henry Drive Development-Commissioner von Huene
participated in the online community outreach survey. Recreation Manager Castro reported that the City is in the process of selecting an architect. Recreation Manager Castro provided the Commission with the Parks Project page on the website: www.santaclaraca.gov/parkprojects for updates.
Arts Master Plan-Commissioner von Huene will set up a meeting with the sub-committee regarding the Citywide Arts Master Plan.
02/06/2023Cultural Commission Meeting Minutes
A motion was made by Vice Chair Samara, seconded by
Commissioner von Huene, to allocate $1,200 +/-$200 to commission an artist to develop a new Coloring Book that recognizes the Commemorative Months.
Aye: Vice Chair Samara, Commissioner von Huene, Chair Diaz, and Commissioner McNamara
4 -
Absent: Commissioner Sundaram, and Commissioner Marinaro2 -
STAFF REPORT
Recreation Manager Castro reported that last weekend the City hosted Miss Santa Clara and Miss Mission City and will host Showtime March 4-5.
Tickets for the cabaret/voudeville show are available at the Senior Center or at the door. City Council determined a new City Attorney as of March, and at the Feb. 7 meeting will consider an agreement for a new City Manager to begin May 1. Parks & Recreation provided proposals for a two fiscal year budget process and 1.5 million dollars in program reductions.
COMMISSIONERS REPORT
Commissioner von Huene reported that she will be attending an Art Retreat the week of Feb. 20. She will be making mosaics and will provide an update in March about her experience.
Commissioner McNamara was inquiring about the farm that the school district owns, located on Dunford Drive. He used to manage that farm when it was called Full Circle Farm.
ADJOURNMENT
A motion was made by Commissioner von Huene, seconded by Vice Chair Samara, that the meeting be adjourned at 7:46 p.m.
Aye: Vice Chair Samara, Commissioner von Huene, Chair Diaz, and Commissioner McNamara
4 -
Absent: Commissioner Sundaram, and Commissioner Marinaro2 -
MEETING DISCLOSURES
02/06/2023Cultural Commission Meeting Minutes
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.
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.
City of Santa Clara
Meeting Minutes
Governance and Ethics Committee
Committee Approved
3:00 PM Special Meeting - Virtual Meeting12/05/2022
CALL TO ORDER AND ROLL CALL
Chair Jain called the meeting to order at 3 p.m. Member Gillmor was absent and Alternate Member Park attended.
Present 3 - Member Raj Chahal, Chair Sudhanshu Jain, and Alternate Member Kevin Park
Absent 1 - Member Lisa M. Gillmor
CONSENT CALENDAR
1.A 22-1395 Approval of the June 7, 2021 Governance and Ethics Committee Meeting Minutes
Recommendation: Approve the minutes of the June 7, 2021 Governance and Ethics Committee Meeting.
Chair Jain pulled this item to discuss after Public Presentations.
Chair Jain noted items listed from the June 7, 2021 minutes to return to future agenda included the: Formalization of the Citizens Advisory Committee, Lobbying activities and calendaring of certain City officials, and recommendations from the Task Force on Diversity, Equity and Inclusion on the naming of facilities.
A motion was made by Alternate Member Park, seconded by Member Chahal, to approve staff recommendation.
Aye: 3 - Member Chahal, Chair Jain, and Alternate Member Park
12/05/2022Governance and Ethics Committee Meeting Minutes
PUBLIC PRESENTATIONS
Kirk Vartan suggested that participants attending the Committee remotely should be on camera. He also made a few comments regarding ethics, campaign activities, and suggested a policy on acknowledging emails received by Council.
Wanda Buck requested the Committee to consider focusing on ethics and suggested resources to learn more about non-violent communications.
GENERAL BUSINESS
2. 22-1396 Discussion and Direction regarding the City Council Letterhead and Correspondence Policy
Recommendation: Staff makes no recommendations.
The Committee members discussed options for individual City Councilmember letterheads in addition to the Mayor and Council letterhead.
Alternate Member Park asked about current policies in regards to use of the City Letterhead. Chief Operating Officer Nader stated the City is in compliance with the Legislative Advocacy Policy (LAP) by providing a quarterly report on the correspondence. Interim Assistant City Attorney Ngo added the letter regarding Related was not part of the LAP and therefore not provided to Council. Staff will return with a report on options and current uses.
3. 22-1400
Discussion on the Workplan for Governance and Ethics Committee Recommendation: Staff makes no recommendation.
The Committee discussed several items to be addressed as part of the Governance and Ethics Committee Work Plan.
City Manager Batra stated staff will schedule a follow up meeting with the Chair to review items discussed and identify items to return to the Committee for the work plan or referred to a future Priority Setting Session.
STAFF REPORT
None.
COMMITTEE MEMBERS REPORT
None.
12/05/2022Governance and Ethics Committee Meeting Minutes
ADJOURNMENT
The meeting was adjourned at 4:55 p.m.
Member Park motioned to adjourn, seconded by Member Chahal and approved.
A motion was made by Alternate Member Park, seconded by Member Chahal, to adjourn the meeting at 4:55 p.m.
Aye: 3 - Member Chahal, Chair Jain, and Alternate Member Park
City of Santa Clara
Meeting Minutes
Governance and Ethics Committee
Committee Approved
3:00 PM Virtual Meeting06/07/2021
CALL TO ORDER AND ROLL CALL
Chair Gillmor called the meeting to order at 3:02 PM.
Lisa M. Gillmor, Raj Chahal, and Sudhanshu JainPresent 3 -
CONSENT CALENDAR
1. 21-470 Approval of the March 29, 2021 Governance and Ethics Committee Special Meeting Minutes
Recommendation: Approve the minutes of the March 29, 2021 Governance and Ethics Committee Special Meeting.
A motion was made by Member Jain, seconded by Member Chahal, to approve the March 29, 2021 special meeting minutes.
Aye: Gillmor, Chahal, and Jain3 -
PUBLIC PRESENTATIONS
Councilmember Park requested to address the Committee under Public Presentations.
City Attorney Doyle recommended deferring discussion to Council and Authorities Concurrent Meeting to avoid potential violation of the Brown Act.
GENERAL BUSINESS
06/07/2021Governance and Ethics Committee Meeting Minutes
2. 21-468 Discussion on Formalization of Citizen’s Advisory Committee Recommendation: Defer discussion on formalization of Citizen’s Advisory Committee to the 3rd quarter Governance and Ethics Committee meeting on September 20, 2021, due to lack of staff capacity to address this referral during budget development and COVID-19 reopening efforts.
City Manager Santana requested deferring this item September 20, 2021.
Public Speaker(s): Rob Jerdonek
A motion was made by Member Jain, seconded by Member Chahal, to defer this item to the September 20, 2021 Governance and Ethics Committee meeting.
Aye: Gillmor, Chahal, and Jain3 -
3. 21-469
Review of SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”) Recommendation: Provide direction on possible amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”).
City Attorney Doyle provided a Powerpoint presentation on the Lobbyist Ordinance and Calendering Ordinance.
City Clerk Haggag provided a verbal report.
Member questions and comments followed.
City Attorney Doyle, City Clerk Haggag and City Manager Santana addressed Member questions.
A motion was made by Member Jain, seconded by Member Chahal, to recommend to Council to (1) amend the Public Calender Ordinance to create different reporting standards between meetings with Lobbyists and Non-Lobbyists, (2) requiring Councilmembers and staff who required to comply with the Public Calendar Ordinance and registered Lobbyists to report on the topics discussed and what they were seeking, (3) City Manager to return on staffing resources, (4) change the frequency of the Lobbyist Ordinance reporting requirements to align with the Public Calendar Ordinance to require reporting to be on a monthly cadence, and (5) City Clerk to return with a standard reporting template.
Aye: Gillmor, Chahal, and Jain3 -
06/07/2021Governance and Ethics Committee Meeting Minutes
4. 21-487 Review, and Provide Direction to Staff, Regarding Proposed Purchasing Code Reforms For Possible Recommendation to City Council Recommendation: Accept the Code reforms summarized in this document and provide direction to staff to move forward with a revised Purchasing Code for consideration and approval by the City Council and Stadium Authority by the fourth quarter of calendar year 2021.
Director of Finance Lee, Purchasing Manager Giovannetti, City Attorney Doyle, and City Manager Santana gave a Powerpoint presentation.
Member questions and comments.
City Manager Santana addressed Member questions.
A motion was made by Member Jain, seconded by Member Chahal, to bring this item to August 17, 2021 Council Priority Setting Session.
Aye: Gillmor, Chahal, and Jain3 -
5. 21-455
Discussion and Direction Regarding Adjusting the Start Time for Council, Stadium Authority and Closed Session Meetings
Recommendation: Staff recommends:
(1) Beginning Public City Council meetings at 6:00 p.m. (2) Setting a stop time of Public City Council meetings at 11:00 p.m. (3) Working on City Council meeting protocols for improved management and protocols to ensure that the City’s business is prioritized and addressed in a timely manner
(4) Presenting streamlining opportunities to reduce cost of routine City business and ensure a higher level of efficiency with how routine or ministerial items are handled
(5) Holding Closed Session meetings on off Council meeting days, when needed
City Manager Santana gave a Powerpoint presentation.
Member questions and comments followed.
City Manager Santana, Assistant City Clerk Pimentel, and City Attorney Doyle addressed Member questions.
This item was referred to Council Priority Setting Session August 17, 2021.
06/07/2021Governance and Ethics Committee Meeting Minutes
6. 21-622 Review the Task Force on Diversity, Equity, and Inclusion’s Recommended Amendments to Council Policy 035 - Naming of Facilities Recommendation: Provide input on the Task Force on Diversity, Equity, and Inclusion’s recommended amendments to Council Policy 035.
Chair Gillmor requested to defer this item to the next Governance and Ethics Committee meeting.
A motion was made by Member Chahal, seconded by Member Jain, to continue this item to the next Governance and Ethics Committee Meeting.
Aye: Gillmor, Chahal, and Jain3 -
STAFF REPORT
None.
COMMITTEE MEMBERS REPORT
Member Jain inquired regarding adding the following items to the Governance and Ethics Committee Meeting:
- Email Retention Times
- Eligibility List for Board/Commissions appointments
- Charter Review to consider changing from an elected to appointed Chief of Police and City Clerk
Member comments followed.
City Manager Santana and City Attorney Doyle addressed Member questions.
ADJOURNMENT
The meeting was adjourned at 6:16 PM.
A motion was made by Member Chahal, seconded by Member Jain, to adjourn the meeting.
Aye: Gillmor, Chahal, and Jain3 -
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-316 Agenda Date: 3/21/2023
REPORT TO COUNCIL
SUBJECT
Action on Monthly Financial Status and Investment Reports for January 2023, Approve the Related Budget Amendments, and Approve the Deletion of Two Part Time Librarian Positions and Addition of One Full Time Librarian Position in the Library Department
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
In compliance with the Charter of the City of Santa Clara and the adopted Investment Policy, the monthly financial report and monthly investment report for January 2023 are submitted for your information. The financial review as of January 31, 2023 provide a year-to-date financial update to the City Council for the current fiscal year. The analysis of the revenues collected and all expenditures measures the level of adherence to the annual budget and allows the City to monitor and project revenues and expenditures throughout the year.
The Adopted Budget incorporates the estimated revenues and planned expenditures for all funds.
The attached Financial Status Report provides the budget to actual revenue and expenditure summaries for the General Fund, Special Revenue Funds and Enterprise Operating Funds, as well as expenditure summary for Capital Improvement Funds and Fund Reserve Balances. Any significant variances are explained in the report.
In accordance with City Council Policy 051 - Donations to the City, included in this report is a monthly activity and annual summary of donations received by department. Although the requirement of the policy is to report quarterly, in its ongoing effort to streamline reporting, the City includes this information monthly in the financial status report.
DISCUSSION
Monthly Financial Status Report (Attachment 1)
The attached report summarizes the City’s financial performances as of January 31, 2023. Financial analysis is provided for the General Fund, select Special Revenue Funds, Enterprise Operating Funds, and Capital Improvement Funds.
Attachment 1 shows that General Fund revenues (excluding transfers) were at 55% of the budget through January 2023 and are tracking to end the year above budget.
General Fund departmental expenditures were at 53.7% of budget through January 2023. Several cost-control measures that were implemented in FY 2019/20 remain in place to generate expenditure City of Santa Clara Printed on 3/16/2023Page 1 of 4
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23-316 Agenda Date: 3/21/2023
savings. These measures include a hiring freeze and controls around overtime, as-needed staff, marketing, travel, technology and vehicle purchases. With these measures, expenditures are expected to end the year below budget.
As shown in Attachment 1, total revenues for Enterprise Funds (Electric, Water, Sewer, Cemetery, Solid Waste, and Water Recycling) were at 53% of the budget through January 2023, while total expenses were at 49% of the budget.
In the month of January, the City received $512 in donations, bringing total donations for FY 2022/23 to $34,159.
Concerns remain regarding the state of the economy, and there continues to be a tremendous amount of uncertainty. Given this level of uncertainty, the December 2022 UCLA Forecast presented a two-scenario economic forecast: a recession scenario and a no recession scenario. The February 2023 National Association for Business Economics (NABE) Outlook Survey found significant divergence regarding the outlook for the U.S. economy: “estimates of inflation-adjusted gross domestic product or real GDP, inflation, labor market indicators, and interest rates are all widely diffused, likely reflecting a variety of options on the fate of the economy - ranging from recession to soft landing to robust growth.” While the Conference Board in its February 2023 release forecasts a recession starting in early 2023, with economic weakness intensifying and spreading more widely throughout the US economy over the coming months.
On a national level, the unemployment rate remained fairly flat at 3.4% in January 2023, compared to
3.5% in December 2022. This rate was well below the record setting high of 14.7% in April 2020, and consistent with the pre-pandemic unemployment rate of 3.5%. In January, the number of unemployed persons remained unchanged at 5.7 million. This unemployment figure matched the pre-pandemic level of 5.7 million. In the fourth quarter 2022 second estimate, the Gross Domestic Product (GDP) increased by 2.7% as a result of deceleration in nonresidential fixed investment, decreases in exports and consumer spending as well as downturns in State and local government spending.
After the State’s largest increase in the unemployment rate in April 2020, the California unemployment rate remained flat at 4.1% between November and December 2022. The December 2022 rate is lower compared to the 5.8% rate in December 2021. California has now regained all of the 2.76 million nonfarm jobs lost due to COVID-19 in March and April 2020. The State has also now outpaced the country as a whole in terms of job growth by 0.6%. The unadjusted unemployment rate in the San Jose-Sunnyvale-Santa Clara Metropolitan Statistical Area (MSA) decreased slightly from
2.4% in November 2022 to 2.1% in December 2022.
Staff will continue to closely monitor the General Fund revenues and the City’s overall financial performance as the fiscal year progresses.
Monthly Investment Report (Attachment 2)
All securities held by the City of Santa Clara as of January 31, 2023, were in compliance with the City’s Investment Policy Statement regarding current market strategy and long-term goals and objectives. All securities held are rated “A” or higher by two nationally recognized rating agencies.
There is adequate cash flow and maturity of investments to meet the City’s needs for the next six months.
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23-316 Agenda Date: 3/21/2023
The City’s investment strategy for January 2023 was to invest funds not required to meet current obligations in securities listed in the prevailing Investment Policy Statement, with maturities not to exceed five years form the date of purchase. This strategy ensures safety of the City’s funds, provides liquidity to meet the City’s cash needs, and with a reasonable portfolio return of 1.91% in January.
Library Department Position Change
The Library Department currently has two vacant part-time Librarian positions that are recommended to be deleted and replaced with the addition of one full-time Librarian position. By adding the full-time position, the Department expects to be able to more easily recruit for and retain a permanent employee. The Library would be able to better support operational needs with a full-time librarian position that would be considered a “community” librarian, who would focus on supporting all service desks (not just primarily youth and adult services) and could support programming for all ages.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
From time to time, adjustments to the budget are required to reflect new information, align budgets with actual revenues and expenses, and correct for inadvertent errors. Recommended budget amendments are detailed in Attachment 3. The position change recommended in the Library Department will have an ongoing impact of approximately $10,000 annually; however, no budget amendment is recommended as the Department has savings to absorb the cost this fiscal year.
In the General Fund, several actions are recommended to increase revenue estimates and the corresponding appropriations in the Parks and Recreation and Fire Departments, as well as the Stadium Operations budget. A transfer from the Parks and Recreation Capital Fund to the General Fund Land Sale Reserve is recommended for the Reed and Grant Sports Park loan repayment.
There is also an action to recognize a transfer from the Fire Operating Grant Trust Fund, reflecting savings from a City match.
Budget amendments are also recommended in several other funds. In the Fire Operating Grant Trust Fund, actions are included to reduce the Assistance to Firefighters grant appropriation as well as to recognize and appropriate funding for USAR Training. Budget actions to recognize and appropriate grant funds and donations are recommended in the Library Operating Grant Trust Fund, the Parks and Recreation Operating Grant Trust Fund, and the Public Donations Fund. In the Electric Utility Capital Fund and Street Lighting Capital Fund, budget actions are recommended to reduce various capital project budgets to align with updated project timelines and return the funding to the Electric Utility Fund. In the Housing Authority Fund, a budget action is recommended to add contractual services funding to support a contract amendment and extension for work on the HOME American Rescue Plan program, offset by reimbursement revenue. In the City Affordable Housing Fund, an action to appropriate funding for a loan disbursement is also recommended. In the Parks and Recreation Department Capital Fund, actions are recommended to recognize Mitigation Fee Act revenue and to allocate those funds to repay the Reed and Grant Sports Park loan, to create a Parkland Acquisition project, to increase the Park Impact Fees Monitoring project, to replace the City of Santa Clara Printed on 3/16/2023Page 3 of 4
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23-316 Agenda Date: 3/21/2023
funding source for a portion of the grant funding for the Central Park Magical Bridge Playground, and to increase the ending fund balance.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
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.
RECOMMENDATION
Note and file the Monthly Financial Status and Investment Reports for January 2023 as presented, Approve the Related Budget Amendments, and Approve the Deletion of Two Part Time Librarian Positions and Addition of One Full Time Librarian Position in the Library Department (five affirmative Council votes required to appropriate additional revenue or for the use of unused balances).
Reviewed by: Kenn Lee, Director of Finance
Approved by: Office of the City Manager
ATTACHMENTS
1. Monthly Financial Status Report January 2023
2. Monthly Investment Report January 2023
3. FY 2022/23 Budget Amendments
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MONTHLY FINANCIAL STATUS REPORT
January 2023
City of
Santa Clara
The Center of What 's Possible
2 City of Santa Clara
Financial Status Report as of January 31, 2023
This report summarizes the City’s financial performance for the month ended January 31, 2023.
Financial analysis for the report is provided for the General Fund, select Special Revenue Funds, Enterprise Operating Funds, and Capital Improvement Funds. Financial information included in this report is unaudited.
General Fund
The General Fund is the major operating fund for the City and includes multiple programs, services, and activities for the residents and businesses of the City. The adopted budget for operating revenues and expenditures for fiscal year 2022/23 was $272.4 million. The amended budget for revenues and expenditures was adjusted to $284.0 million to reflect various budget amendments approved by the City Council through January 2023.
General Fund revenues are currently tracking to end the year above the budgeted level. Through December, departmental expenditures are tracking below budget and this trend is expected to continue as departments continue to control expenditures through various cost control measures.
Economic indicators are mixed, and there is a tremendous amount of uncertainty. Given this level of uncertainty, the December 2022 UCLA Forecast presented a two-scenario economic forecast. “One scenario is no recession, where economic growth is “just right”, inflation ebbs, labor market constraints loosen, and the Federal Reserve takes a less aggressive approach to monetary policy tightening. The second scenario is a recession, where inflation would have continued to run hot if not for aggressive Federal Reserve action. In this scenario, the Federal Reserve forces a recession and accepts an economic contraction and higher unemployment to combat inflation. Importantly, the difference in the two scenarios is the exogenous decision of the Federal Reserve is setting monetary policy.”1 This uncertainty is also reflected in the February 2023 National Association for Business Economics (NABE) Outlook Survey, which found significant divergence regarding the outlook for the U.S. economy. “Estimates of inflation-adjusted gross domestic product or real GDP, inflation, labor market indicators, and interest rates are all widely diffused, likely reflecting a variety of options on the fate of the economy – ranging from recession to soft landing to robust growth.”2 In its February 2023 release, The Conference Board forecasts a recession starting in early 2023, with economic weakness intensifying and spreading more widely throughout the US economy over the coming months. “This outlook is associated with persistent inflation and the Federal Reserve hawkishness. We forecast that real GDP growth will slow to 0.3 percent in 2023, and then rebound to 1.6 percent in 2024.”3 The Conference Board Consumer Confidence Index decreased in February for the second consecutive month. “The decrease reflected large drops in confidence for households aged 35 to 54 and for households earning $35,000 or more,” said Ataman Ozyildirim, Senior Director, Economics at The Conference Board.”4
1 UCLA Anderson Forecast, December 2022, Goldilocks or Bust: Will the Economy by “Just Right” or Will We have a Recession?
2 February 2023 Outlook Survey Summary (nabe.com)
3 Economic Forecast for the US Economy (conference-board.org) 4 US Consumer Confidence (conference-board.org)
3 City of Santa Clara
Financial Status Report as of January 31, 2023
On a national level, the unemployment rate remained fairly flat in January 2023 at 3.4%, compared to
3.5% in December 2022. This rate was well below the record setting high of 14.7% in April 2020, and slightly below the pre-pandemic unemployment rate of 3.5%. In January, the number of unemployed persons stayed at 5.7 million, which is consistent with the pre-pandemic level of 5.7 million.5
In the fourth quarter 2022 second estimate, the Gross Domestic Product (GDP) increased by 2.7%, following a GDP increase of 3.2% in the third quarter. The GDP decelerated in the fourth quarter compared to the third due to downturns in exports, State and local government spending as well as a slowing in consumer spending.6
5 https://www.bls.gov/news.release/pdf/empsit.pdf
6 https://www.bea.gov/sites/default/files/2023-02/tech4q22_2nd.pdf Chart 1. Unemployment rate, seasonally adjusted ,
January 2021 - January 2023
Percent
7.0 6.5
6.0 5.5
5.0 4.5
4.0 3.5
Chart 2. Nonfarm payroll employment over-the-month change, seasonally adjusted, January 2021 - January 2023
Thousands
1,000
900
800
700
600
500
400
300
200
100
0 I- - 1---11-------- -1
Jan-21 Apr-21 Jul-21 Oct-21 Jan-22 Apr-22 Jul-22 Oct-22 Jan-23 Jan-21 Apr-21 Jul-21 Oct-21 Jan-22 Apr-22 Jul-22 Oct-22 Jan-23 Real GDP: Percent change from preceding quarter
40 30
20 10
0 -10
-20
-30
-40
Ql Ql Q3
2019
Q4 Ql
U.S. Burea u of Econom ic Analy si,s
Ql Q3 Q4 Ql
2020
Ql QJ
202
Q4 Ql Q2 Q3 Q4
2022
Seasonal ly adj usted annual rat es
4 City of Santa Clara
Financial Status Report as of January 31, 2023
The December 2022 UCLA Anderson Forecast projects strong GDP performance in the 4th quarter 2022 driven by consumption and business investment. After that point, the Forecast has differing projections based on the recession or no-recession scenarios as illustrated below. The real GDP gap between these scenarios totals $490 billion by the end of 2023 and $330 billion by 2024.
The State and local employment levels remain strong. After the State’s largest increase in the unemployment rate in April 2020, the California unemployment rate remained flat at 4.1% between November and December 2022. This rate is lower compared to the 5.8% rate in December 2021.
California has now regained all of the 2.76 million nonfarm jobs lost due to COVID-19 in March and April 2020 and has outpaced the country’s job growth as a whole by 0.6%.7 The unadjusted unemployment rate in the San José-Sunnyvale-Santa Clara Metropolitan Statistical Area (MSA) slightly decreased to 2.1% in December 2022, from a revised 2.4% in November 2022, and is below the December 2021 level of 2.9% and the February 2020 pre-pandemic level of 2.6%.
Between December 2021 and December 2022, employment in this region increased by 47,100 jobs, or
4.1%.8 The largest increases were in professional and business services (up 12,200 jobs), private educational and health services (up 9,800 jobs), and leisure and hospitality (up by 8,600 jobs).
Staff will continue to closely monitor the economic environment and the City’s financial performance and provide updates through the Monthly Financial Reports.
7 https://edd.ca.gov/en/about_edd/news_releases_and_announcements/unemployment-december-2022/ 8 https://labormarketinfo.edd.ca.gov/file/lfmonth/sjos$pds.pdf
Real GDP Levels, US$ Trillions, Chained 2012 Prices, Seasonally Adjusted Annual Rates US$ Trillions
21.0 20 .9
20.8 20.7
20.6 20.5
20.4 20.3
20.2 20 .1
20 .0
19.!12
F o r eca s t ➔
19.9<1
20.90 0 .0 =----------- +------------ -'-----------Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2022 2023 2024
Source_- UCLA Anderson Forecast and US. Bureau of Economic Analysis No-Recession
Recess ion
5 City of Santa Clara
Financial Status Report as of January 31, 2023
General Fund Revenues
As of January 31, 2023, $131.4 million, or 55% of the General Fund estimated revenue (excluding transfers) was received. Transfers and use of reserves of $45.0 million have occurred as budgeted.
Revenue collections are tracking to end the year above budget and are higher when compared to collections last fiscal year.
Adopted Budget
Amended
Budget
Actual Through
01/31/2023
Percentage
Received
Actual Through
01/31/2022
$
Change From
Prior Year
Percentage
Change
TAXES
Sales Tax 60,173,000$ 60,173,000$ 26,001,542$ 43.21% 22,666,505$ 3,335,037$ 14.71% Property Tax 75,261,000 75,261,000 43,319,987 57.56% 37,721,113 5,598,874 14.84% Transient Occupancy Tax 12,600,000 12,600,000 9,115,846 72.35% 3,347,211 5,768,635 172.34% Other Taxes 6,260,000 6,260,000 2,472,870 39.50% 2,682,067 (209,197) -7.80% Total Taxes 154,294,000 154,294,000 80,910,245 52.44% 66,416,896 14,493,349 21.82%
LICENSES & PERMITS
Business Licenses 900,000 900,000 495,579 55.06% 486,320 9,259 1.90% Fire Operation Permits 2,100,000 2,358,000 1,129,278 47.89% 1,139,577 (10,299) -0.90% Miscellaneous Permits 72,000 72,000 33,136 46.02% 37,516 (4,380) -11.68% Total Licenses & Permits 3,072,000 3,330,000 1,657,993 49.79% 1,663,413 (5,420) -0.33% FINES & PENALTIES 1,465,000 1,615,000 161,916 10.03% 205,366 (43,450) -21.16% INTERGOVERNMENTAL 310,000 310,000 375,070 120.99% 599,956 (224,886) -37.48% CHARGES FOR SERVICES 31,258,098 31,258,098 19,132,687 61.21% 16,631,094 2,501,593 15.04% SILICON VALLEY POWER TRANSFER 26,170,000 26,170,000 16,708,934 63.85% 15,034,470 1,674,464 11.14%
USE OF MONEY & PROPERTY
Interest 2,532,000 2,532,000 916,344 36.19% 865,946 50,398 5.82% Rent 10,584,266 10,584,266 6,095,663 57.59% 5,385,709 709,954 13.18% Total Use of Money & Property 13,116,266 13,116,266 7,012,007 53.46% 6,251,655 760,352 12.16% MISCELLANEOUS REVENUES 150,000 189,099 1,939,692 1025.75% 399,612 1,540,080 385.39%
OTHER FINANCING SOURCES
Operating Transfer In - Storm Drain 1,454,000 1,454,000 1,454,000 100.00% 1,454,000 - 0.00% Operating Transfer In - Reserves 25,812,244 36,719,079 36,719,079 100.00% 32,758,819 3,960,260 12.09% Operating Transfer In - Fund Balances(2) 4,484,726 4,484,726 4,484,726 100.00% 4,817,658 (332,933) -6.91% Operating Transfer In - Miscellaneous 2,127,374 2,370,374 2,370,374 100.00% 5,427,399 (3,057,025) -56.33% Total Other Financing Sources 33,878,344 45,028,179 45,028,179 100.00% 44,457,876 570,302 1.28%
STADIUM OPERATION
Charges for Services 7,889,147 7,889,147 2,822,623 35.78% 1,655,345 1,167,278 70.52% Rent and Licensing 752,500 752,500 678,661 90.19% 286,278 392,383 137.06% Total Stadium Operation 8,641,647 8,641,647 3,501,284 40.52% 1,941,623 1,559,661 80.33% TOTAL GENERAL FUND 272,355,355$ 283,952,289$ 176,428,007$ 62.13% 153,601,961$ 22,826,046$ 14.86% (1) The Operating Transfer In - Fund Balances includes the carryover encumbrances of open purchase orders as of June 30, 2022 and mid year budget amendment from reserves.
Function
CITY OF SANTA CLARA
GENERAL FUND
REVENUES OVERVIEW AND COMPARISON BY TYPE
FISCAL YEAR 2022/23 PY REVENUE COMPARISON
6 City of Santa Clara
Financial Status Report as of January 31, 2023
General Fund Revenues
Sales Tax: The City of Santa Clara sales tax rate is 9.0%, of which the City receives 1.0%. As of January 31, 2023, approximately $26.0 million has been collected. This reflects an increase of $3.3 million when compared to collections through the same period last fiscal year. In this fiscal year, sales tax receipts increased 15.7% in the July – September 2022 quarter and 2.4% in the October – December 2022 quarter when compared to the same quarters last fiscal year. Growth of 3% is needed in the remaining two quarters of Fiscal Year 2022/23 to meet the budgeted estimate of $59.4 million.
Internet sales represents a sizeable amount of the City’s sales tax revenue. The County pool, which includes internet sales, accounts for approximately 20% of the sales tax the City receives.
Property Tax: Through January, 57.6% of the property tax budgeted estimate has been received. The majority of property tax revenue is collected in February and April each year. Based on information from the County of Santa Clara, property tax receipts are projected to end the year at $81.6 million, well above the Adopted Budget estimate of $75.3 million. This reflects an increase of 9.4% from the prior year.
Transient Occupancy Tax (TOT): TOT is calculated as a percentage of City hotel/motel room charges. The City’s TOT rate is 11.5%. Through January 31, 2023, approximately $9.1 million has been received, which is significantly higher than receipts through the same period last fiscal year of $3.3 million. As businesses continue to recover from the COVID-19 impacts, it is anticipated that TOT will increase compared to last fiscal year. Based on current collection trends, TOT receipts are expected to end the year at approximately $19 - $20 million, exceeding the budgeted estimate of $12.6 million.
Other Taxes: Includes franchise tax and documentary transfer tax. The City has collected $2.5 million through January, which higher than prior year collection levels. Receipts through December reflect higher collections in the franchise tax category that is partially offset by lower receipts in the documentary transfer tax category. Based on current collection trends, Other Taxes collections are projected to slightly exceed the budgeted estimate of $6.3 million.
Licenses & Permits: Includes business licenses, fire operation permits, and miscellaneous permits and fees. Effective FY 2021/22, building, electric, plumbing, and mechanical permits are budgeted in the Building Development Services Fund, which is reflected in the Special Revenue section of this report. Licenses and permits revenue collections are tracking below par with receipts totaling $1.7 million, or 50% of the budget of $3.3 million, through January. This collection level is slightly above the prior fiscal year level.
Fines & Penalties: Includes vehicle, parking, court fines, and miscellaneous penalty fines. The revenue of approximately $0.2 million collected through January is tracking to end the year well below the budgeted estimate of $1.6 million largely due to the waiving of late fees implemented in response to COVID-19.
Intergovernmental: Includes motor vehicle fees, state homeowner tax relief, fire mutual aid, state mandated reimbursement and redistribution of land sale proceeds and ground leases from the
7 City of Santa Clara
Financial Status Report as of January 31, 2023
Successor Agency. Through January 31, 2023, $0.4 million has been received, which is lower than the prior year collection level but above the budgeted estimate. Fire mutual aid revenues are recommended to be recognized and appropriated to the Fire Department to support their operations.
Charges for Services: Includes various plan check and zoning-related fees, engineering fees, administrative fees, and community service revenue from various recreational activities. Through January 31, 2023, collections are tracking within the budgeted estimate at $19.1 million, or 61.2% of the budget. This reflects an 15% increase compared to last year’s collections through the same period of $16.6 million. This increase is a result of higher collections for planning and zoning fees, technology fee, engineering fees, and Fire EMS fees.
Silicon Valley Power Transfer: In accordance with the City’s charter, Silicon Valley Power pays 5.0% of gross revenues to the General Fund. As of January 31, 2023, $16.7 million has been received.
Transfers throughout the year are based on the budgeted estimate and will be trued up at the end of the fiscal year based on actual performance.
Use of Money & Property: Includes realized investment income and rental income. Interest income and rent revenue collections totaled $7.0 million, or 53.5% of the budget. These collections are higher than collections through last fiscal year of $6.3 million. Collections are expected to meet or exceed the budgeted estimate of $13.1 million.
Miscellaneous Revenues: Includes developer fees, donations, damage recovery, sale of surplus, and one-time miscellaneous revenues. Through January 31, 2023, collections of $1.9 million are higher than collections through the same period last fiscal year of $0.3 million. This increase is primarily attributable to the settlement between the City, the Santa Clara Stadium Authority, and the Forty-Niners SC Stadium Company LLC and Forty Niners Stadium Management Company LLC (collectively, the Forty-Niners).
Stadium Operation: As of January 31, 2023, charges for services collected through the Stadium totaled $3.51 million, which is below par for this time of year. This is still significantly higher than collections through the same period last year resulting from the reopening of Stadium for events. A budget amendment is recommended in this report to increase both the charges for services estimate and appropriations for Stadium as a result of higher expenses related to the additional playoff games held at Levi’s Stadium.
8 City of Santa Clara
Financial Status Report as of January 31, 2023
General Fund Expenditures
As o f January 31, 2023, $ 158.1 million o r 55.7% of the Gener al Fund operating bu dget had been expended. This is significantly lower than last fiscal year due to lower budgeted transfers to other funds; last year included a one-time transfer of the Bu ilding Inspection Reserve to the new Build ing Development Services Fund as well as h igher transfers to Capital Funds. Overall, expenditures in the General Fund are within budgeted levels through January. Departmental expenditures totaled $146.3 million, or 53.7% of the budget, which is below the par level of 58% of the budget. Several cost-control measures that were implemented in FY 2019/20 re main in place t o generate expenditure savings.
These meas ures include a hiring freeze and controls around overtime, as-ne eded staff, mark eting, travel, technology and vehicle purchases. With these measures, expenditures are expected to end the year below budget.
Adopted Budget
Amended
Budget
Actual Through
01/31/2023
Percentage
Use d
Actual Through
01/31/2022
$
Change From
Prior Year
Percentage
Change
GENERAL GOVERNMENT
Non-Departmental 7,514,334$ 9,689,394$ 2,858,828$ 29.50% 2, 567,224$ 291,603$ 11.36% City Council 861,105 862,396 378,064 43.84% 486,641 (108,577) -22.31% City Clerk 2,076,112 2,093,661 1,344,946 64.24% 799,301 545,645 68.27% City Manager 6,085,321 6,292,428 2,565,989 40.78% 2,846,907 (280,918) -9.87% City Attorney 3,202,735 3,690,974 1,834,500 49.70% 1,419,126 415,374 29.27% Human Resources 4,508,710 4,828,451 2,104,335 43.58% 2,089,060 15,275 0.73% Finance 19,045,131 20,272,300 9,753,119 48.11% 8,960,984 792,135 8.84% Total General Government 43,293,448 47,729,604 20,839,781 43.66% 19,169,243 1,670,537 8.71% PUBLIC WORKS 24,021,840 25,092,840 12,624,862 50.31% 12,723,439 (98,577) -0.77% COMMUNITY DEVELOPMENT 5,398,007 5,665,420 2,597,951 45.86% 2,684,587 (86,636) -3.23% PARKS AND RECREATION 21,695,302 22,287,115 11,536,921 51.76% 10,355,185 1,181,736 11.41%
PUBLIC SAFETY
Fire 62,298,852 65,944,826 39,300,348 59.60% 35,277,582 4,022,766 11.40% Police 84,615,023 85,779,549 47,064,935 54.87% 42,754,936 4,309,999 10.08% Total Public Safety 146,913,875 151,724,375 86,365,283 56.92% 78,032,518 8,332,765 10.68% LIBRARY 11,889,451 12,277,870 6,013,159 48.98% 4,967,166 1,045,993 21.06% DEPARTMENTAL TOTAL 253,211,923 264,777,224 139,977,956 52.87% 127,932,138 12,045,818 9.42%
OTHER FINANCING USES
Operating Transfer Out - Miscellaneous 38,809 38,809 38,809 100.00% 23,851,216 (23,812,407) -99.84% Operating Transfer Out - Debt Services 1,402,275 1,402,275 1,402,275 100.00% 2,501,439 (1,099,164) -43.94% Operating Transfer Out - Maintenance Dtrct 842,700 842,700 842,700 100.00% 771,349 71,351 9.25% Operating Transfer Out - Cemetery 870,000 870,000 870,000 100.00% 850,000 20,000 2.35% Operating Transfer Out - CIP 8,625,501 8,641,613 8,641,613 100.00% 11,773,925 (3,132,312) -26.60% Operating Transfer Out - Reserves - - - N/A 3,309,009 (3,309,009) -100.00% Total Other Financing Uses 11,779,285 11, 795,397 11,795,397 100.00% 43,056,938 (31,261,541) -72.61% STADIUM OPERATION 7,364,147 7,379,668 6,285,522 85.17% 4,611,946 1,673,576 36.29% TOTAL GENERAL FUND 272,355,355$ 283,952,289$ 158,058,875$ 55.66% 175,601,022$ (17,542,147)$ -9.99% Function
CITY OF SANTA CLARA
GENERAL FUND
EXPENDITURES OVERVIEW AND COMPARISON BY FUNCTION
FISCAL YEAR 2022/23 PY EXPENDITURES COMPARISON
9 City of Santa Clara
Financial Status Report as of January 31, 2023
General Fund Expenditures
Below is an explanation of certain budget to actual expenditure variances by department.
Non-Departmental: Includes expenditures that are not attributable to a single department, but a function of the City in general. As of January 31, 2023, expenditures totaled $2.9 million, or 29.5% of the budget. These expenditures are tracking below budget but are higher than the prior year levels, primarily as a result of higher expenditures in the contractual services as well as salaries and benefits categories.
City Attorney: Through January, actual expenditures totaled approximately $1.8 million, which is below expected levels at 58% of the budget. Spending is 29% above the total expenditures through the same time last fiscal year due to higher contractual legal services costs and salaries and benefits.
City Clerk: Through January, actual expenditures were tracking above budget at $1.3 million or approximately 64.2% of the budget. This reflects a 68% increase in spending compared to prior year spend levels. This is a result of higher salaries and benefits costs in addition to one-time special election and Granicus costs that are paid every other year. Although expenditures are tracking above par, it is still anticipated that the Department will end the year within budget.
City Coun cil: Through January, expenditures were at 43.8% of budget, which is below par. Compared to the same period through last fiscal year, this reflects a spending decrease of approximately 22%, which is primarily the result of savings due to vacancies within the department.
City Manager: Expenditures through January totaled $2.6 million, or 40.8% of the budget, which is below par for this time of the year. Expenditures are also 10% lower compared with the spending level through the same period last fiscal year. This decrease reflects lower spending in contractual services and salaries and benefits; however, this is offset by higher spending in the as-needed category.
Community Development Department: This department consists of three divisions: Planning, Building, and Housing and Community Services. The Building division of this department is reflected in the Building Development Services Fund, which falls under the special revenue section of this report.
Through January, departmental expenditures for the Planning and Housing and Community Services divisions totaled $2.6 million, or 46% of budget, which is below the par level of 58%. Expenditures were slightly below the spending through the same period last fiscal year due to lower non-personnel expenditures.
Finance Department: T hrough January, the Department’s expenditures totaled $9.8 million, or 48.1% of the budget, which is below par. This expenditure level was approximately 8.8% higher than expenditure levels through the same period last year. This is a result of higher expenditures primarily in the salaries and benefits categories, which is partially offset by lower spending in the contractual services category.
Fire Department: Through January 31, 2023, expenditures totaled $39.3 million, or 59.6% of the budget, which is slightly above par. These expenditures reflect a 11.4% increase from expenditures
10 City of Santa Clara
Financial Status Report as of January 31, 2023
through the same period last fiscal year. This increase in spending reflects higher costs in the salaries and benefits, as-needed, contractual services, maintenance, and capital outlay categories. Overtime expenditures are tracking at 98% of the budget, which is well above par for this time of year. While this overtime figure is high, it is important to note that overtime is used to backfill for vacant positions and the vacancy savings offset a portion of the overtime costs. In addition, overtime costs are higher due to mutual aid efforts that will be reimbursed. A budget amendment is recommended in this report to recognize and appropriate $0.3 million for Cal OES reimbursements.
Library Department: Through January, actual expenditures totaled $6.0 million, or 49% of the budget, which is below par, but nearly 21% higher than expenditure levels last fiscal year. This is a result of the resuming of full operations which began earlier this calendar year.
Parks and Recreation Department: Through January, actual expenditures totaled approximately $11.5 million, or 51.8% of the budget, which is below par, but above the prior year actuals of $10.4 million. This is due to the department resuming activities that were previously impacted by COVID-19 restrictions.
Police Department: Expenditures through January are tracking below expected levels at $47.1 million, or 54.9% of the budget. This is approximately 10% higher when compared to spending levels through the same period last fiscal year, primarily reflecting higher charges in the salaries and benefits, as- needed, and contractual services categories.
Stadium Oper ation: Stadium operating expenditures are incurred first and billed on a reimbursement basis creating a timing difference in revenue recognition. Stadium expenditures totaled approximately $6.3 million through January and are tracking above budgeted levels at 85.2%. This is 36.3% higher than expenditures through the same period last year, as a direct result of the reopening of the Stadium for events. A budget amendment is recommended in this report to increase the Stadium appropriation to cover costs associated with the additional playoff games held at Levi’s Stadium. This increase is recommended to be offset by an increase in Charges for Services revenue.
11 City of Santa Clara
Financial Status Report as of January 31, 2023
Special Revenue Funds
The table below is a summary of revenues and expenditures of select Special Revenue Funds as of January 31, 2023. The amended budget reflects carryover encumbrances from fiscal year 2021/22 and budget amendments approved by the City Council through January 2023. Effective July 1, 2021, all Building Division revenues and expenditures are budgeted and accounted for in the Building Development Services Fund, which is included in the table below.
Revenues totaled $14.3 million, or 52.8% of budget, while expenditures totaled $13.9 million, or 39.9% of budget through the end of January. Overall, revenues and expenditures are tracking below par of 58%. The negative expenditure in the City Affordable Housing Fund reflects an accounting change in the special disbursements category. Originally, the full loan amount was charged; however, the charges now only reflect the progress through the construction period.
Actual Actual $
Fund Ad opted Amended Through Percentage Through Change From Percent Description Budget Budget 1/31/2023 received 1/31/2022 Prior Year Change Housing Authority Fund 280,000$ 252,495$ 47,606$ 18.85% 236,259$ (188,653)$ -79.85% City Affordable Housing Fund 682,000 7,162,700 226,563 3.16% 1,445,601 (1,219,038) -84.33% Housing Successor Fund 350,000 1,306,326 461,980 35.36% 491,421 (29,441) -5.99% Housing and Urban Development 1,810,000 3,924,461 650,708 16.58% 1,511,246 (860,538) -56.94% Building Development Services Fee
Fund
14,112,000 14,464,458 12,933,744 89.42% 9,099, 505 3,834,239 42.14% TOTAL 17,234,000$ 27,110,440$ 14,320,601$ 52.82% 12,784,032$ 1,536,569$ 12.02% Actual Actual $
Fund Adopted Amended through Percentage through Change From Percent Description Budget Budget 1/31/2023 use d 1/31/2022 Prior Year Change Housing Authority Fund 380,363$ 559,503$ 116,014$ 20.74% 67,999$ 48,015$ 70.61% City Affordable Housing Fund 1,685,731 5,499,145 (255,883) -4.65% 534,608 (790,491) -147.86% Housing Successor Fund 1,242,599 6,049,148 5,368,963 88.76% 446,696 4,922,267 1101.93% Housing and Urban Development 2,355,815 5,199,984 1,105,342 21.26% 1,639,497 (534,155) -32.58% Building Development Services Fee
Fund
13,360,809 17,682,237 7,610,307 43.04% 6,009, 680 1,600,627 26.63% TOTAL 19,025,317$ 34,990,017$ 13,944,743$ 39.85% 8,698,480$ 5,246,263$ 60.31%
PRIOR YEAR EXPENDITURE COMPARISON
CITY OF SANTA CLARA
SPECIAL REVENUE FUNDS
REVENUE AND EXPENDITURE - OVERVIEW AND COMPARISON BY FUND REVENUES - FISCAL YEAR 2022/23 PRIOR YEAR REVENUE COMPARISON EXPENDITURES - FISCAL YEAR 2022/23
12 City of Santa Clara
Financial Status Report as of January 31, 2023
Governmental Capital Improvement Funds
The table below lists the revenue for selected capital improvement funds. The amended budget reflects current year appropriations, prior year carryover, and budget amendments approved through January 2023. As of January 31, 2023, the capital fund revenue totaled $34.7 million. In the Parks and Recreation Capital Fund, $25.7 million has been collected, which includes $25.2 million in Mitigation Fee Act revenue.
REVENUES - FISCAL YEAR 2022/23
Actual
Fund Current Year Prior Year Total Amended Through Percentage Description Appropriation Carryforward Budget 1/31/2023 Use d Parks & Recreation 1,075,000$ 3,301,620$ 4,376,620$ 25,674,008$ 586.62% Streets & Highways 6,325,096 15,921,680 22,246,776 2,678,660 12.04% Storm Drain 1,454,000 - 1,454,000 846,053 58.19% Public Buildings - 100,000 100,000 - 0.00% Related Santa Clara Developer 2,968,317 1,118,024 4,086,341 997,362 24.41% Patrick Henry Drive
Infrastructure Improvement
Fund
69,205 - 69,205 - 0.00% Tasman East Specific
Infrastructure Improvement
Fund
2,413,605 - 2,413,605 2,419,501 100.24% TOTAL 14,305,223$ 20,441,324$ 34,746,547$ 32,810,394$ 94.43%
CITY OF SANTA CLARA
REVENUE - OVERVIEW AND COMPARISON BY SELECTED FUND
GOVERNMENTAL CAPITAL IMPROVEMENT FUNDS
13 City of Santa Clara
Financial Status Report as of January 31, 2023
The table below lists the total amended budgeted amounts for expenditures in the Capital Improvement Funds. Similar to the revenue table, the amended expenditure budgets consist of current year appropriations, prior year carryover encumbrance balances in Governmental Capital Improvement Funds, and budget amendments approved through January 2023. As of January 31, 2023, capital fund expenditures totaled $21.6 million, or 15% of the amended budget.
As part of the adoption of the FY 2022/23 and FY 2023/24 capital improvement program budget, some capital funds were carried over for projects that were not anticipated to be completed by June 30, 2022.
Necessary additional adjustments to the capital carryover amounts were included as part of the Budgetary Year-End Report for FY 2021/22 approved on December 6, 2022. These adjustments are reflected in the table below.
The carryover of prior year budget amounts is necessary when services or projects are started but not completed at the end of the fiscal year. This is especially true for the Capital Improvement Program (CIP) that typically spans several years. The table below displays the expenditure budget for the General Government capital funds excluding transfers.
EXPENDITURES - FISCAL YEAR 2022/23
Actual
Fund Current Year Prior Year Total Amended Through Percentage Description Appropriation Carryforward Budget 1/31/2023 Use d Parks & Recreation 9,164,819$ 20,913,971$ 30,078,790$ 2,858,647$ 9.50% Streets & Highways 27,025,308 53,175,624 80,200,932 10,724,311 13.37% Storm Drain 5,181,209 2,745,531 7,926,740 2,847,768 35.93% Fire 1,506,478 395,077 1,901,555 209,366 11.01% Library 413,111 35,747 448,858 77,357 17.23% Public Buildings 2,859,686 2,439,492 5,299,178 524,991 9.91% General Gov't - Other 3,687,314 6,158,460 9,845,774 1,179,330 11.98% City Affordable Housing Capital - 1,600,000 1,600,000 - 0.00% Related Santa Clara Developer 3,566,699 - 3,566,699 1,409,067 39.51% Patrick Henry Drive
Infrastructure Improvement
Fund
69,205 - 69,205 30,056 43.43% Tasman East Specific
Infrastructure Improvement
Fund
3,221,395 - 3,221,395 1,783,209 55.36% TOTAL 56,695,224$ 87,463,902$ 144,159,126$ 21,644,102$ 15.01%
EXPENDITURE - OVERVIEW AND COMPARISON BY FUND
CITY OF SANTA CLARA
GOVERNMENTAL CAPITAL IMPROVEMENT FUNDS
14 City of Santa Clara
Financial Status Report as of January 31, 2023
Enterprise Funds
The table below is a summary of revenues and expenses for the Enterprise Operating Funds as of January 31, 2023. Overall, revenues and expenditures are tracking below budgeted levels.
Revenues and expenditures are tracking above last fiscal year levels. Expenditures are tracking higher in the Water Recycling Fund and Water Utility Fund as a result of higher spending in the resources category.
Actual Actual $
Fund Ad opted Amended Through Percentage Through Change From Percent Description Budget Budget 1/31/2023 received 1/31/2022 Prior Year Change Electric Utility Fund 615,818,445$ 629,425,236$ 324,545,295$ 51.56% 289,792,335$ 34,752,960$ 11.99% Water Utility Fund 48,358,520 48,358,520 28,043,498 57.99% 27,559,165 484,333 1.76% Sewer Utility Fund 40,459,345 40,459,345 26,973,292 66.67% 32,707,154 (5,733,862) -17.53% Cemetery Fund 600,000 600,000 336,249 56.04% 453,944 (117,695) -25.93% Solid Waste Utility Fund 37,245,092 37,245,092 19,207,225 51.57% 17,980,205 1,227,020 6.82% Water Recycling Fund 5,708,446 5,708,446 3,794,625 66.47% 3,672,122 122,503 3.34% TOTAL REVENUE 748,189,848$ 761,796,639$ 402,900,184$ 52.89% 372,164,925$ 30,735,259$ 8.26% Actual Actual $
Fund Adopted Amended through Percentage through Change From Percent Description Budget Budget 1/31/2023 Use d 1/31/2022 Prior Year Change Electric Utility Fund 603,681,580$ 606,426,798$ 296,853,789$ 48.95% 285,592,662$ 11,261,127$ 3.94% Water Utility Fund 46,797,065 48,768,438 26,514,874 54.37% 23,464,770 3,050,104 13.00% Sewer Utility Fund 30,825,023 33,220,466 16,297,035 49.06% 15,540,614 756,421 4.87% Cemetery Fund 1,539,796 1,545,944 840,685 54.38% 818,203 22,482 2.75% Solid Waste Utility Fund 36,626,118 40,169,992 17,884,112 44.52% 16,707,763 1,176,349 7.04% Water Recycling Fund 5,729,413 5,739,135 3,691,262 64.32% 3,056,186 635,076 20.78% TOTAL - Operating
Appropriations
725,198,995$ 735,870,773$ 362, 081,757$ 49.20% 345,180,198$ 16,901,559$ 4.90% PRIOR YEAR EXPENSE COMPARISONEXPENSES - FISCAL YEAR 2022/23
CITY OF SANTA CLARA
ENTERPRISE OPERATING FUNDS
REVENUES AND EXPENSES - OVERVIEW AND COMPARISON BY FUND REVENUES - FISCAL YEAR 2022/23 PRIOR YEAR REVENUE COMPARISON
Revenues in the electric (which also includes the Electric Debt Service Fund), water, and sewer utility (which also includes the Sewer Debt Service Fund) and water recycling funds are primarily from customer service charges. The activity levels for these customer service charges also impact the resource and production costs on the expenditure side for these funds. The lower the revenue from customer service charges, the lower the expenditures in the resource and production category.
15 City of Santa Clara
Financial Status Report as of January 31, 2023
A summary of revenue and expenses in the Enterprise Capital Improvement Funds are detailed in the tables below. Actual revenue through January 31, 2023 totaled $24.0 million, consisting primarily of developer contributions in the Electric Utility Fund and transfers from operating in the Sewer Utility Fund. Enterprise capital fund expenses totaled $35.3 million, or 12.9% of the amended budget. Similar to the general government capital funds, capital funds were carried over into next fiscal year as part of the FY 2022/23 and FY 2023/24 budget adoption process for those projects that have not yet been completed. Adjustments to the capital carryover amounts based on actual year-end expenditures were approved as part of the Budgetary Year-End Report for FY 2021/22 on December 6, 2022 and are reflected below.
Actual
Fund Current Year P r ior Year Total Amended Through Percentage Description Appropriation Carryforward Budget 1/31/2023 Use d Electric Utility Fund 37,850,877$ 14,554,461$ 52,405,338$ 13,084,007$ 24.97% Street Lighting (1) - - - 36,229 N/A Sewer Utility Fund - - - 10,899,790 N/A Solid Waste Utility Fund 250,000 65,000 315,000 4,333 1.38%
TOTAL - CIP
Appropriations
38,100,877$ 14,619,461$ 52, 720,338$ 24,024,359$ 45.57% Actual
Fund Current Year Prior Year Total Amended Through Percentage Description Appropriation Carryforward Budget 1/31/2023 Use d Electric Utility Fund 130,791,189$ 80,191,903$ 210,983,092$ 28,631,873$ 13.57% Street Lighting (1) 239,338 5,637, 312 5,876,650 68,608 1.17% Water Utility Fund 8,012,986 - 8, 012,986 1,863,204 23.25% Sewer Utility Fund 22,399,877 23,316,657 45,716,534 3,955,097 8.65% Cemetery Fund 53,642 233,980 287,622 17,861 6.21% Solid Waste Utility Fund 891,521 4,488 896,009 351,217 39.20% Water Recycling Fund 29,774 - 29,774 - - Convention Center
Capital Fund
- 2,691,883 2, 691,883 452,841 0
TOTAL - CIP
Appropriations
162,418,327$ 112,076,223$ 274, 494,550$ 35,340,701$ 12.87% EXPENSES - FISCAL YEAR 2022/23
REVENUES - FISCAL YEAR 2022/23
REVENUE - OVERVIEW AND COMPARISON BY SELECTED FUND
ENTERPRISE CAPITAL IMPROVEMENT FUNDS
CITY OF SANTA CLARA
CITY OF SANTA CLARA
ENTERPRISE CAPITAL IMPROVEMENT FUNDS
EXPENDITURE - OVERVIEW AND COMPARISON BY FUND
(1) Street Lighting fund is part of Electric Capital Improvement Funds
16 City of Santa Clara
Financial Status Report as of January 31, 2023
Fund Reserves
By policy, City Council established the City’s General Contingency Reserve, under which reserves for Budget Stabilization and Capital Projects were established. • Bud get Stabilization Reserve is set aside for weathering economic downturns, emergency financial crisis, or disaster situations. The reserve target is equal to the expenditures of the City’s General Fund operations for three months (90-day or 25% General Fund Adopted Operating Budget). In FY 2022/23, the City Council approved an exception to the policy to allow the Reserve to drop below the 25% level.
• Capital Projects Reserve earmarks funds for the Capital Improvement Program.
Other Gener
al Reserves and Enterprise Fund Reserves included in this report are highlighted as follows:
• Technology Fee Reserve is set aside to update and/or replace the City’s aging technology and to ensure internal controls are in compliance with current business standard and legal requirements.
• L and Sale Reserve is net proceeds from the sale of City-owned land, with interest earned on these funds available to be appropriated for General Fund operating expenditures. This reserve is available for appropriation by City Council action.
• The Electric Utility Rate Stabilization Reserve and Operations and Maintenance Reserve ensure sufficient operating cash is available to cover day-to-day expenses, address unforeseen cost increases or revenue shortfalls, and ensure debt service coverage. • The Replaceme nt and Improvement Reserve in the Water and Sewer Utility Funds is for future capital improvement.
The table below summarizes select reserve balances.
17 City of Santa Clara
Financial Status Report as of January 31, 2023
DETAIL OF SELECTED FUND RESERVE BALANCES:
GENERAL
FUND ELECTRIC WATER
Budget
Stabilization Reserve 40,843,152$
Capital Projects Reserve 11,959,656
Land Sale Reserve 12,882,822
Technology Fee Reserve 1,925,791
Electric Rate Stabilization Fund Reserve 48,776,613$
Electric Operations and Maintenance Reserve 118,765,556 Replacement & Improvement 303,090$
TOTALS 67,611,421$ 167,542,169$ 303,090$
CITY OF SANTA CLARA
RESERVE BALANCES
January 31, 2023
18 City of Santa Clara
Financial Status Report as of January 31, 2023
Long-Term Interfund Advances
The funds below have made advances/loans which are not expected to be repaid within the next year.
The balances reflected in the table are through January 2023. The loan from the General Fund to Parks and Recreation Facilities reflects proceeds from the Land Sale Reserve for the purchase of property at the Reed and Grant Sports Park. This loan is anticipated to be repaid by 25% of future Mitigation Fee Act revenue until the loan is paid in full.
DETAIL OF LONG TERM INTERFUND ADVANCE BALANCES:
Fund Receiving Advance/Loan
Fund Making
Advance/Loan Type
Amount of
Advance/
Commitment
Parks and Recreation Facilities General Fund Loan 5,539,540 TOTALS 5,539,540$
Donations to the City of Santa Clara
Donations received by department during the month of January 2023 and for fiscal year 2022/23 are shown in the table below.
Department Jan-23
Fis cal Year
2022/23
Year To Date Designated Use
City Manager's Office -$ 50$ Help Your Neighbor Parks & Recreation 512 1,761 Case Management Parks & Recreation - 1,748 Roberta Jones Jr. Theatre Parks & Recreation - 30,600 Wade Brummal TOTALS 512$ 34,159$
_____________________________________________________________________
MONTHLY INVESTMENT REPORT
January 2023
City of
Santa Clara
The Center of What 's Possible
City of Santa Clara
Monthly Investment Report
TABLE OF CONTENTS
Page #
1 Summary of Investment Portfolio 1
2 Summary of Investments 5
3 Investment Maturity Distribution Schedule 6
4 Attachment A: Investment Inventory With Market Value 7 1 CITY OF SANTA CLARA
SUMMARY OF INVESTMENT PORTFOLIO
All securities held by the City of Santa Clara as of January 31, 2023 were in compliance with the City's Investment Policy Statement regarding current market strategy and long-term goals and objectives. All securities held are rated A or higher by two nationally recognized rating agencies. There is adequate cash flow and maturity of investments to meet the City’s needs for the next six months.
The following table provides the breakdown of the total portfolio among the City, the Sports and Open Space Authority (SOSA), and the Housing Authority (HA) as of January 31, 2023.
On January 31, 2023 the cost value and market value of the City's unrestricted pooled investment portfolio were $881,794,171 and $847,719,714 respectively.
Investment Strategy and Market Update
Recession worries persist, but readings of consumer spending and business investment are still showing growth.
Strong labor market conditions and slowly but surely moderating inflation have kept the door open for a soft landing.
On February 1, the Federal Reserve (Fed) voted to raise the federal funds overnight target rate by 25 basis points (bps) to a new range of 4.50% to 4.75%. This marks a modest downshift following the 50 bp hike in December and the preceding four consecutive 75 bp hikes. Comments from Fed Chair Jerome Powell emphasized that the Fed anticipates “ongoing increases” may be needed to tame inflation. The Committee meets next on March 22, 2023.
The labor market remains strong as the economy added 517,000 jobs in January, significantly outpacing expectations of 189,000 and the prior release of 260,000. The unemployment rate fell to 3.4%. The Fed has reiterated that the current tightening cycle is likely to result in softening in the labor market, although these figures have yet to materialize that notion. As a result of the blockbuster January jobs report, market sentiment adjusted around expectations for a slightly higher terminal rate and reduced potential for rate cuts in 2023.
The benchmark 3-month, 2- and 10-year U.S. Treasury yields finished the month at 4.67%, 4.20%, and 3.51%, up 30 bps, down 23 bps, and down 37 basis points for the month, respectively.
The City's investment strategy for January 2022 was to invest funds not required to meet current obligations, in securities listed in the prevailing Investment Policy Statement, with maturities not to exceed five years from date of purchase. This strategy ensures safety
COST VALUE PERCENTAGE
City $877,609,859 99.53%
SOSA 4,560 0.00%
HA 4,179,752 0.47% Unrestricted $881,794,171 100.00%
Restricted Bond Proceeds 2,187,517
Total Investments $883,981,687
2 of the City’s funds, provides liquidity to meet the City’s cash needs, and earns a reasonable portfolio return. PFM Asset Management LLC began actively managing the City’s securities portfolio on September 1, 2020.
As of January 31, 2023, 42.43% of the City’s portfolio consists of U.S. Treasury Notes, 21.85% consists of investment grade Corporate Notes, 19.66% consists of Federal Agencies, 10.80% consists of California Asset Management Program (CAMP), 1.26% consists of investment grade Asset-Back Securities, 1.25% consists of investment grade Supranational Obligations, 1.20% consists of Local Agency Investment Fund (LAIF), 0.82% consists of Negotiable Certificates of Deposit, and 0.47% consists of investment grade Municipal Bonds. In addition, City bond proceeds are invested in separate funds and are not included in the calculation of the City’s portfolio yield.
U.S. Treasury Notes
42.43%
Federal Agen cy Notes
19.66%
Corporate Notes
21.85%
Municipal Bonds
0.47%
Supranational Obligations
1.25%
Asset -Backed Securities
1.26%
Negotiable Certificates
of De posit
0.82%
Mone y Ma rke t Fund
0.01% Loca l Agency Investment Fund
(LAIF)
1.20%
California Asset Management
Progra m (CAMP)
10.80%
Mutual Fund - Tra ffic
Mi ti gation Bond Proceeds
0.25%
3 The City’s securities portfolio is benchmarked against the ICE BAML 1-5 US Treasury Index.
1.91%
1.93%
2.04%
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
Oct-20 Jan-21 Apr-21 Jul-21 Oct-21 Jan-22 Apr-22 Jul-22 Oct-22 Jan-23 Securities Portfolio Yield at Cost vs Index 24-Month Average of Yield at Market January 2023
Securities Portfolio (yield at cost)
City's Benchmark Index (24-month rolling average market yield) BofA 1-5 AAA-A Corp & Gov't Index (24-month rolling average market yield) r r r r r
4 The following table summarizes the investment yields other information of the City’s investment portfolio components, along with comparable-maturity market indices. Also shown are the monthly interest income and aggregate year-to-date income.
Current Month
1/31/2023
Investment Yield
Liquidity Portfolio1 4.31%
LAIF average monthly yield 2.45%
Securities Portfolio2 1.91%
ICE BAML 1-5 US Treasury Index (24-month rolling average market yield) 1.93% ICE BAML 1-5 AAA-A US Corporate & Government Index (24-month rolling average market yield) 2.04%
City Portfolio (Liquidity + Securities) 2.21%
Investment Total Return*
Securities Portfolio 0.99%
ICE BAML 1-5 US Treasury Index 1.05%
ICE BAML 1-5 AAA-A US Corporate & Government Index 1.12%
Average Maturity of Investments (in years)
Liquidity Portfolio1 0.08
Securities Portfolio2 2.44
City Portfolio (Liquidity + Securities) 2.12
ICE BAML 1-5 US Treasury Index 2.61
ICE BAML 1-5 AAA-A US Corporate & Government Index 2.63
Interest Income Current Month3 $ 2,058,507
Interest Income Fiscal Year To Date3 $ 7,926,501
1. Consists of CAMP, LAIF, Dreyfus Traffic Mitigation Fund, & Principal Sweep Account
2. Core long term portfolio managed by PFM Asset Management
3. Cash basis
* Total rate of return including earnings, distributions, and capital appreciation/depreciation of all portfolio assets
5 CITY OF SANTA CLARA
SUMMARY OF INVESTMENTS JANUARY 31, 2023
PER
COST INVESTMENT
INVESTMENT TYPE VALUE
% OF
PORTFOLIO POLICY
U.S. Treasury Notes 375,095,218 42.43%
Federal Agency Notes 173,759,539 19.66%
Corporate Notes 193,149,674 21.85%
Municipal Bonds 4,145,000 0.47%
Supranational Obligations 11,056,812 1.25%
Asset-Backed Securities 11,142,702 1.26%
Negotiable Certificates of Deposit 7,270,000 0.82% Money Market Fund 77,287 0.01%
Local Agency Investment Fund (LAIF) 10,625,413 1.20% California Asset Management Program (CAMP) 95,472,525 10.80% Mutual Fund - Traffic Mitigation Bond Proceeds 2,187,517 0.25% No Limit
80%
25%
20%
20%
10%
30%
10% Per Fund
$75 M
No Limit
10% Per Fund
TOTAL INVESTMENTS 883,981,687$ 100.00%
6 INVESTMENT MATURITY DISTRIBUTION
AS OF JANUARY 31, 2023
UNRESTRICTED POOLED PORTFOLIO
MATURITY
(IN MONTHS) COST VALUE
DEMAND 106,175,224$ (a) 3 12.04%
0 TO 6 6,428,
200 2 0.73%
7 TO 12 134,766,179 26 15.28%
13 TO 18 96,722,681 18 10.97%
19 TO 24 93,105,540 15 10.56%
25 TO 30 109,045,914 19 12.37%
31 TO 36 83,985,333 18 9.52%
37 TO 42 74,982,844 16 8.50%
43 TO 48 44,662,764 9 5.06%
49 TO 54 62,562,977 13 7.09%
55 TO 60 69,356,515 8 7.88%
TOTAL 881,794,171$ 147 100.00%
Average Maturity of Unrestricted Pool: 2.12 Years
(a) $20 million is earmarked for the City's Electric Utility power-trading.
NUMBER OF
INVESTMENTS DISTRIBUTION
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
22%
24%
INVESTMENT MATURITY DISTRIBUTION
UNRESTRICTED POOLED PORTFOLIO
AS OF JANUARY 31, 2023
Maturity (Months)
Distribution Percentage
City of Santa Clara Monthly Report
1/31/2023
Description Issue Date Coupon Rate Maturity Date CUSIP Par Value S&P Rating Settle Date Cost Value YTM at Cost Market Value Unrealized G/L UNITED STATES TREASURY 9/30/2016 1.375% 9/30/2023 912828T26 7, 500,000.00 AA+ 11/13/2018 6,947,167.97 3.01% 7,333,875.00 386,707.03 UNITED STATES TREASURY 10/15/2020 0.125% 10/15/2023 91282CAP6 5,260, 000.00 AA+ 3/26/2021 5,248,288.28 0.21% 5,091,732.60 -156,555.68 UNITED STATES TREASURY 10/31/2016 1.625% 10/31/2023 912828T91 5, 000,000.00 AA+ 1/25/2019 4,787,695.31 2.58% 4,884,400.00 96,704.69 UNITED STATES TREASURY 11/30/2018 2.875% 11/30/2023 9128285P1 9,745, 000.00 AA+ 6/23/2021 10,349,875.20 0.32% 9,595,804.05 -754,071.15 UNITED STATES TREASURY 11/30/2016 2.125% 11/30/2023 912828U57 10,000, 000.00 AA+ 2/28/2019 10,251,562.50 1.57% 9,784,000.00 -467,562.50 UNITED STATES TREASURY 1/3/2017 2.250% 12/31/2023 912828V23 5,000, 000.00 AA+ 3/13/2019 4,957,812.50 2.44% 4,887,100.00 -70,712.50 UNITED STATES TREASURY 1/15/2021 0.125% 1/15/2024 91282CBE0 5,000, 000.00 AA+ 3/26/2021 4,981,445.31 0.26% 4,786,150.00 -195,295.31 UNITED STATES TREASURY 1/15/2021 0.125% 1/15/2024 91282CBE0 2,510, 000.00 AA+ 3/31/2021 2,497,744.14 0.30% 2,402,647.30 -95,096.84 UNITED STATES TREASURY 1/15/2021 0.125% 1/15/2024 91282CBE0 11,000, 000.00 AA+ 6/11/2021 10,972,500.00 0.22% 10,529,530.00 -442,970.00 UNITED STATES TREASURY 1/15/2021 0.125% 1/15/2024 91282CBE0 5,525, 000.00 AA+ 7/14/2021 5,497,375.00 0.33% 5,288,695.75 -208,679.25 UNITED STATES TREASURY 1/31/2019 2.500% 1/31/2024 9128285Z9 5,000, 000.00 AA+ 4/14/2020 5,407,421.88 0.34% 4,891,200.00 -516,221.88 UNITED STATES TREASURY 2/28/2017 2.125% 2/29/2024 912828W48 1,625, 000.00 AA+ 4/15/2021 1,637,941.42 0.31% 1,580,117.50 -57,823.92 UNITED STATES TREASURY 4/15/2021 0.375% 4/15/2024 91282CBV2 5,415, 000.00 AA+ 10/15/2021 5,397,443.55 0.51% 5,146,578.45 -250,865.10 UNITED STATES TREASURY 4/30/2019 2.250% 4/30/2024 9128286R6 3,825, 000.00 AA+ 3/25/2022 3,827,838.87 2.21% 3,714,304.50 -113,534.37 UNITED STATES TREASURY 5/1/2017 2.000% 4/30/2024 912828X70 5,000, 000.00 AA+ 5/16/2019 4,952,734.38 2.20% 4,840,250.00 -112,484.38 UNITED STATES TREASURY 5/15/2014 2.500% 5/15/2024 912828WJ5 6,050, 000.00 AA+ 8/16/2019 6,332,174.65 1.48% 5,889,554.00 -442,620.65 UNITED STATES TREASURY 6/30/2019 1.750% 6/30/2024 9128286Z8 7,250, 000.00 AA+ 12/12/2019 7,253,398.44 1.74% 6,973,340.00 -280,058.44 UNITED STATES TREASURY 6/30/2017 2.000% 6/30/2024 912828XX3 5,000, 000.00 AA+ 8/29/2019 5,136,328.13 1.41% 4,825,400.00 -310,928.13 UNITED STATES TREASURY 7/15/2021 0.375% 7/15/2024 91282CCL3 5, 250,000.00 AA+ 9/10/2021 5,246,718.75 0.40% 4,947,495.00 -299,223.75 UNITED STATES TREASURY 7/31/2017 2.125% 7/31/2024 9128282N9 5,000, 000.00 AA+ 9/10/2019 5,133,315.75 1.56% 4,829,100.00 -304,215.75 UNITED STATES TREASURY 8/31/2017 1.875% 8/31/2024 9128282U3 2,985, 000.00 AA+ 3/10/2020 3,149,640.66 0.62% 2,868,405.90 -281,234.76 UNITED STATES TREASURY 8/31/2019 1.250% 8/31/2024 912828YE4 4,750, 000.00 AA+ 1/5/2021 4,928,867.19 0.21% 4,520,100.00 -408,767.19 UNITED STATES TREASURY 10/31/2017 2.250% 10/31/2024 9128283D0 10,000, 000.00 AA+ 11/18/2019 10,290,625.00 1.64% 9,649,200.00 -641,425.00 UNITED STATES TREASURY 11/30/2017 2.125% 11/30/2024 9128283J7 5,000, 000.00 AA+ 1/6/2020 5,118,945.31 1.62% 4,810,750.00 -308,195.31 UNITED STATES TREASURY 1/2/2018 2.250% 12/31/2024 9128283P3 10,000, 000.00 AA+ 1/7/2020 10,300,781.25 1.62% 9,634,800.00 -665,981.25 UNITED STATES TREASURY 1/15/2022 1.125% 1/15/2025 91282CDS7 2, 095,000.00 AA+ 4/12/2022 2,007,026.37 2.71% 1,974,202.30 -32,824.07 UNITED STATES TREASURY 1/31/2020 1.375% 1/31/2025 912828Z52 5,000, 000.00 AA+ 4/22/2020 5,238,671.88 0.37% 4,733,200.00 -505,471.88 UNITED STATES TREASURY 1/31/2020 1.375% 1/31/2025 912828Z52 1,950, 000.00 AA+ 5/7/2021 2,013,146.48 0.50% 1,845,948.00 -167,198.48 UNITED STATES TREASURY 2/28/2018 2.750% 2/28/2025 9128283Z1 6,200, 000.00 AA+ 3/6/2020 6,850,757.82 0.61% 6,026,586.00 -824,171.82 UNITED STATES TREASURY 8/31/2020 0.250% 8/31/2025 91282CAJ0 4, 120,000.00 AA+ 8/2/2021 4,075,581.25 0.52% 3,747,593.20 -327,988.05 UNITED STATES TREASURY 10/31/2020 0.250% 10/31/2025 91282CAT8 5, 400,000.00 AA+ 10/7/2021 5,285,882.83 0.78% 4,888,242.00 -397,640.83 UNITED STATES TREASURY 10/31/2020 0.250% 10/31/2025 91282CAT8 5, 510,000.00 AA+ 6/7/2022 5,024,216.02 3.00% 4,987,817.30 -36,398.72 UNITED STATES TREASURY 11/30/2020 0.375% 11/30/2025 91282CAZ4 4, 450,000.00 AA+ 11/4/2021 4,327,625.00 1.07% 4,032,812.50 -294,812.50 UNITED STATES TREASURY 12/31/2020 0.375% 12/31/2025 91282CBC4 3, 820,000.00 AA+ 5/3/2021 3,751,956.25 0.76% 3,460,079.60 -291,876.65 UNITED STATES TREASURY 1/31/2021 0.375% 1/31/2026 91282CBH3 8, 025,000.00 AA+ 11/30/2021 7,817,478.52 1.01% 7,240,716.75 -576,761.77 UNITED STATES TREASURY 1/31/2021 0.375% 1/31/2026 91282CBH3 4, 050,000.00 AA+ 1/6/2022 3,906,351.56 1.27% 3,654,193.49 -252,158.07 UNITED STATES TREASURY 1/31/2021 0.375% 1/31/2026 91282CBH3 7, 735,000.00 AA+ 2/25/2022 7,305,949.22 1.84% 6,979,058.45 -326,890.77 UNITED STATES TREASURY 1/31/2021 0.375% 1/31/2026 91282CBH3 8, 710,000.00 AA+ 5/3/2022 7,905,345.70 3.00% 7,858,771.71 -46,573.99 UNITED STATES TREASURY 2/28/2021 0.500% 2/28/2026 91282CBQ3 3, 575,000.00 AA+ 8/31/2021 3,574,577.43 0.70% 3,230,227.00 -344,350.43 UNITED STATES TREASURY 2/28/2021 0.500% 2/28/2026 91282CBQ3 5, 175,000.00 AA+ 12/7/2021 5,035,517.58 1.15% 4,675,923.00 -359,594.58 UNITED STATES TREASURY 5/31/2021 0.750% 5/31/2026 91282CCF6 5, 860,000.00 AA+ 3/21/2022 5,520,989.84 2.20% 5,303,768.80 -217,221.04 UNITED STATES TREASURY 5/31/2021 0.750% 5/31/2026 91282CCF6 9, 250,000.00 AA+ 6/8/2022 8,477,480.47 2.99% 8,371,990.00 -105,490.47 UNITED STATES TREASURY 8/15/2016 1.500% 8/15/2026 9128282A7 5,350, 000.00 AA+ 8/15/2022 5,033,388.67 3.08% 4,949,178.00 -84,210.67 UNITED STATES TREASURY 9/30/2021 0.875% 9/30/2026 91282CCZ2 8, 500,000.00 AA+ 4/5/2022 7,878,769.53 2.61% 7,666,915.00 -211,854.53 UNITED STATES TREASURY 10/31/2021 1.125% 10/31/2026 91282CDG3 5, 700,000.00 AA+ 8/8/2022 5,267,601.56 3.05% 5,181,870.00 -85,731.56 UNITED STATES TREASURY 11/15/2016 2.000% 11/15/2026 912828U24 8,840, 000.00 AA+ 6/8/2022 8,472,242.19 3.01% 8,296,163.20 -176,078.99 UNITED STATES TREASURY 12/31/2021 1.250% 12/31/2026 91282CDQ1 5, 340,000.00 AA+ 4/14/2022 5,000,617.97 2.69% 4,862,550.60 -138,067.37 2/9/2023 10:48 AM 1 of 4
Attachment A
City of Santa Clara Monthly Report
1/31/2023
Description Issue Date Coupon Rate Maturity Date CUSIP Par Value S&P Rating Settle Date Cost Value YTM at Cost Market Value Unrealized G/L UNITED STATES TREASURY 2/15/2017 2.250% 2/15/2027 912828V98 2,100, 000.00 AA+ 4/20/2022 2,040,691.41 2.88% 1,987,545.00 -53,146.41 UNITED STATES TREASURY 2/15/2017 2.250% 2/15/2027 912828V98 5,400, 000.00 AA+ 6/13/2022 5,159,109.38 3.29% 5,110,830.00 -48,279.38 UNITED STATES TREASURY 2/15/2017 2.250% 2/15/2027 912828V98 7,910, 000.00 AA+ 7/7/2022 7,705,452.34 2.85% 7,486,419.50 -219,032.84 UNITED STATES TREASURY 3/31/2022 2.500% 3/31/2027 91282CEF 4 940,000.00 AA+ 11/30/2022 883,159.38 4.03% 896,854.00 13,694.62 UNITED STATES TREASURY 4/30/2020 0.500% 4/30/2027 912828ZN3 7,000, 000.00 AA+ 8/3/2022 6,262,812.50 2.89% 6,135,360.00 -127,452.50 UNITED STATES TREASURY 5/15/2017 2.375% 5/15/2027 912828X88 5,400, 000.00 AA+ 8/8/2022 5,248,546.88 3.01% 5,122,008.00 -126,538.88 UNITED STATES TREASURY 6/30/2020 0.500% 6/30/2027 912828ZV5 5,675, 000.00 AA+ 8/15/2022 5,034,789.06 3.00% 4,951,210.50 -83,578.56 UNITED STATES TREASURY 7/31/2022 2.750% 7/31/2027 91282CFB2 10, 800,000.00 AA+ 9/14/2022 10,392,046.88 3.60% 10,396,296.00 4,249.12 UNITED STATES TREASURY 8/15/2017 2.250% 8/15/2027 9128282R0 11,115, 000.00 AA+ 9/6/2022 10,537,975.20 3.40% 10,471,108.05 -66,867.15 UNITED STATES TREASURY 9/30/2022 4.125% 9/30/2027 91282CFM8 3, 785,000.00 AA+ 11/3/2022 3,760,308.79 4.27% 3,861,721.95 101,413.16 UNITED STATES TREASURY 10/31/2020 0.500% 10/31/2027 91282CAU5 21, 480,000.00 AA+ 1/6/2023 18,292,401.56 3.91% 18,564,304.80 271,903.24 UNITED STATES TREASURY 10/31/2022 4.125% 10/31/2027 91282CFU0 10, 930,000.00 AA+ 12/8/2022 11,081,995.31 3.81% 11,156,251.00 74,255.69 UNITED STATES TREASURY 10/31/2022 4.125% 10/31/2027 91282CFU0 5, 100,000.00 AA+ 12/13/2022 5,165,343.75 3.83% 5,205,570.00 40,226.25 UNITED STATES TREASURY 10/31/2022 4.125% 10/31/2027 91282CFU0 4, 750,000.00 AA+ 1/31/2023 4,833,310.55 3.72% 4,848,325.00 15,014.45 UNITED STATES TREASURY 12/31/2022 3.875% 12/31/2027 91282CGC9 8, 255,000.00 AA+ 1/31/2023 8,320,459.57 3.70% 8,348,529.15 28,069.58 U.S. Treasury Bond / Note Subtotal 383,985,000.00 375,095,218.14 362,214,669.90 -12,880,548.24 FANNIE MAE 11/25/2020 0.250% 11/27/2023 3135G06H1 4,950,000. 00 AA+ 11/25/2020 4,944,357.00 0.29% 4,767,939.00 -176,418.00 FANNIE MAE 11/25/2020 0.250% 11/27/2023 3135G06H1 5,225,000. 00 AA+ 1/22/2021 5,230,799.75 0.21% 5,032,824.50 -197,975.25 FANNIE MAE 7/8/2019 1.750% 7/2/2024 3135G0V75 15,000,000.00 AA+ 12/18/2019 15,566,089.75 0.90% 14,440,500.00 -1,125,589.75 FANNIE MAE 1/10/2020 1.625% 1/7/2025 3135G0X24 7,500,000. 00 AA+ 1/22/2020 7,499,025.00 1.63% 7,137,300.00 -361,725.00 FANNIE MAE 4/24/2020 0.625% 4/22/2025 3135G03U5 10,000,000. 00 AA+ 5/7/2020 10,050,600.00 0.52% 9,244,700.00 -805,900.00 FANNIE MAE 11/12/2020 0.500% 11/7/2025 3135G06G3 1,860,000. 00 AA+ 12/29/2020 1,864,929.00 0.44% 1,691,651.40 -173,277.60 FNMA Medium Term Note Subtotal 44,535,000.00 45,155,800.50 42,314,914.90 -2,840,885.60 FEDERAL FARM CREDIT BANKS 1/17/2020 1.600% 7/17/2023 3133ELHZ0 5,000,000.00 AA+ 1/16/2020 4,998,200.00 1.61% 4,926,550.00 -71,650.00 FEDERAL FARM CREDIT BANKS 8/14/2018 2.900% 8/14/2023 3133EJWV7 5,000,000.00 AA+ 9/17/2018 4,977,050.00 3.00% 4,947,150.00 -29,900.00 FEDERAL FARM CREDIT BANKS 10/2/2018 3.050% 10/2/2023 3133EJD48 7,575,000.00 AA+ 11/27/2018 7,583,620.35 3.02% 7,482,357.75 -101,262.60 FEDERAL FARM CREDIT BANKS 11/1/2017 2.200% 11/1/2023 3133EHN25 2 ,965,000.00 AA+ 6/26/2019 3,006,094.90 1.87% 2,909,258.00 -96,836.90 FEDERAL FARM CREDIT BANKS 2/27/2019 2.610% 2/27/2024 3133EKBW5 5,000,000.00 AA+ 3/20/2019 5,033,150.00 2.47% 4,890,400.00 -142,750.00 FEDERAL FARM CREDIT BANKS 4/22/2019 2.450% 7/22/2024 3133EKHV1 5,000,000.00 AA+ 9/4/2019 5,250,650.00 1.38% 4,863,350.00 -387,300.00 FEDERAL FARM CREDIT BANKS 11/1/2019 1.650% 11/1/2024 3133EK4Y9 5,000,000.00 AA+ 11/8/2019 4,962,850.00 1.81% 4,779,400.00 -183,450.00 FEDERAL FARM CREDIT BANKS 1/23/2020 1.650% 1/23/2025 3133ELJM7 7,320,000.00 AA+ 5/18/2020 7,689,367.20 0.56% 6,953,780.40 -735,586.80 FEDERAL FARM CREDIT BANKS 5/14/2020 0.500% 5/14/2025 3133ELZM9 10,000,000.00 AA+ 5/15/2020 9,982,800.00 0.53% 9,216,500.00 -766,300.00 FEDERAL FARM CREDIT BANKS 6/9/2020 0.500% 6/9/2025 3133ELH23 10,000,000.00 AA+ 6/12/2020 9,997,540.00 0.50% 9,203,200.00 -794,340.00 FFCB Medium Term Note Subtotal 62,860,000.00 63,481,322.45 60,171,946.15 -3,309,376.30 FEDERAL FARM CREDIT BANKS 7/2/2020 0.500% 7/2/2025 3133ELR71 10,000,000.00 AA+ 7/14/2020 10,017,640.00 0.46% 9,174,500.00 -843,140.00 FFCB Coupon Note Subtotal 10,000,000.00 10,017,640.00 9,174,500.00 -843,140.00 FEDERAL HOME LOAN BANKS 10/17/2014 2.375% 9/8/2023 3130A3DL5 5,000,000.00 AA+ 9/5/2019 5,164,135.00 1.53% 4,923,850.00 -240,285.00 FEDERAL HOME LOAN BANKS 12/9/2013 3.375% 12/8/2023 3130A0F70 5,000,000.00 AA+ 1/8/2019 5,147,870.00 2.73% 4,939,750.00 -208,120.00 FEDERAL HOME LOAN BANKS 1/16/2015 2.250% 12/8/2023 3130A3VC5 5,000,000.00 AA+ 3/12/2020 5,282,425.00 0.72% 4,892,000.00 -390,425.00 FEDERAL HOME LOAN BANKS 5/8/2014 2.875% 6/14/2024 3130A1XJ2 5,000,000.00 AA+ 11/20/2019 5,270,205.00 1.64% 4,880,900.00 -389,305.00 FEDERAL HOME LOAN BANKS 11/6/2014 2.750% 12/13/2024 3130A3GE8 5,000,000.00 AA+ 3/12/2020 5,461,300.00 0.77% 4,854,350.00 -606,950.00 FHLB Medium Term Note Subtotal 25,000,000.00 26,325,935.00 24,490,850.00 -1,835,085.00 2/9/2023 10:48 AM 2 of 4
Attachment A
City of Santa Clara Monthly Report
1/31/2023
Description Issue Date Coupon Rate Maturity Date CUSIP Par Value S&P Rating Settle Date Cost Value YTM at Cost Market Value Unrealized G/L FREDDIE MAC 9/4/2020 0.250% 9/8/2023 3137EAEW5 1,640,000. 00 AA+ 9/4/2020 1,640,761.21 0.24% 1,595,244.40 -45,516.81 FREDDIE MAC 9/4/2020 0.250% 9/8/2023 3137EAEW5 4,295,000. 00 AA+ 9/4/2020 4,293,582.65 0.26% 4,177,789.45 -115,793.20 FREDDIE MAC 10/16/2020 0.125% 10/16/2023 3137EAEY1 3,270,000. 00 AA+ 10/16/2020 3,257,802.90 0.25% 3,163,561.50 -94,241.40 FREDDIE MAC 2/14/2020 1.500% 2/12/2025 3137EAEP0 5,000,000.00 AA+ 5/20/2020 5,226,960.00 0.53% 4,747,500.00 -479,460.00 FREDDIE MAC 8/30/2022 4.050% 8/28/2025 3134GXS54 5,000,000. 00 AA+ 8/30/2022 4,998,000.00 4.06% 4,924,300.00 -73,700.00 FREDDIE MAC 9/25/2020 0.375% 9/23/2025 3137EAEX3 9,390,000.00 AA+ 9/25/2020 9,361,736.10 0.44% 8,543,961.00 -817,775.10 FHLMC Medium Term Note Subtotal 28,595,000.00 28,778,842.86 27,152,356.35 -1,626,486.51
INTER-AMERICAN
DEVELOPMENT BANK 9/23/2021 0.500% 9/23/2024 4581X0DZ8 11,065,000.00 AAA 9/23/2021 11,056,811.90 0.52% 10,374,322.70 -682,489.20 Supranational Subtotal 11,065,000.00 11,056,811.90 10,374,322.70 -682,489.20
CALIFORNIA EARTHQUAKE
AUTHORITY 11/24/2020 1.477% 7/1/2023 13017HAK2 1,430,000.00 NR 11/ 24/2020 1,430,000.00 1.48% 1,408,650.10 -21,349.90
LOS ANGELES COMMUNITY
COLLEGE DISTRICT C 11/10/2020 0.773% 8/1/2025 54438CYK2 2,715,000.00 AA+ 11/10/2020 2,715,000.00 0.77% 2,491,338.30 -223,661.70 Municipals Subtotal 4,145,000.00 4,145,000.00 3,899,988.40 -245,011.60 3M COMPANY 9/14/2018 3.250% 2/14/2024 88579YBB6 5,000,000. 00 A+ 11/29/2021 5,241,250.00 1.03% 4,916,400.00 -324,850.00 3M COMPANY 3/27/2020 2.650% 4/15/2025 88579YBM2 2,560,000. 00 A+ 4/25/2022 2,511,616.00 3.32% 2,454,092.80 -57,523.20 ADOBE INC 1/26/2015 3.250% 2/1/2025 00724FAC5 4,000,000.00 A+ 1/26/2022 4,183, 680.00 1.68% 3,904,920.00 -278,760.00 ALPHABET INC 4/27/2016 3.375% 2/25/2024 02079KAB3 5,330,000. 00 AA+ 11/23/2021 5,642,444.60 0.75% 5,276,540.10 -365,904.50 ALPHABET INC 8/9/2016 1.998% 8/15/2026 02079KAC1 5,740,000. 00 AA+ 1/30/2023 5,354,386.80 4.05% 5,341,414.40 -12,972.40 AMAZON.COM INC 5/12/2021 0.450% 5/12/2024 023135BW5 245, 000.00 AA 5/12/2021 302,801.19 0.50% 232,414.35 -70,386.84 AMAZON.COM INC 5/12/2021 0.450% 5/12/2024 023135BW5 4,000,000.00 AA 3/14/2022 3,874,280.00 1.94% 3,794,520.00 -79,760.00 AMAZON.COM INC 4/13/2022 3.300% 4/ 13/2027 023135CF1 6,715,000.00 AA 4/25/2022 6, 672,964.10 3.44% 6,494,076.50 -178,887.60 APPLE INC 11/13/2017 2.750% 1/13/2025 037833DF4 5,000,000.00 AA+ 3/9/2021 5,340,100.00 0.94% 4,848,200.00 -491,900.00 APPLE INC 11/13/2017 2.750% 1/13/2025 037833DF4 5,000,000.00 AA+ 3/29/2021 5,355,200.00 0.84% 4,848,200.00 -507,000.00 BANK OF AMERICA 4/19/2016 3.500% 4/19/2026 06051GFX2 4,140,000.00 A- 1/25/2023 4,019,070.60 4.48% 4,028,220.00 9,149.40 BANK OF AMERICA CORP 3/22/2022 3.384% 4/2/2026 06051GKM0 5,000,000.00 A- 3/22/2022 5,005,100.00 3.36% 4,836,550.00 -168,550.00 BANK OF AMERICA CORP 4/22/2021 1.734% 7/22/2027 06051GJS9 1, 420,000.00 A- 8/10/2022 1,281,251.80 3.92% 1,272,334.20 -8,917.60 BANK OF NY MELLON CORP 1/28/2021 0.750% 1/28/2026 06406RAQ0 9 ,000,000.00 A 2/10/2021 9,025,920.00 0.69% 8,116,920.00 -909,000.00 BLACKROCK INC 3/28/2017 3.200% 3/15/ 2027 09247XAN1 4,140,000.00 AA- 5/18/2022 4,085,352.00 3.50% 3,987,896.40 -97,455.60 BLACKROCK INC 3/28/2017 3.200% 3/15/ 2027 09247XAN1 4,140,000.00 AA- 5/18/2022 4,086,055.80 3.50% 3,987,896.40 -98,159.40 BRISTOL-MYERS SQUIBB CO 11/13/2020 0.750% 11/13/2025 110122DN5 5, 725,000.00 A+ 6/30/2021 5,672,673.50 0.96% 5,194,922.25 -477,751.25
CATERPILLAR FINANCIAL SERVI
C 1/10/2022 0.950% 1/10/2024 14913R2S5 2,535,000.00 A 1/10/2022 2,534,594.40 0.96% 2,444,931.45 -89,662.95 CATERPILLAR FINANCIAL SERVIC 1/10/2022 0.950% 1/10/2024 14913R2S5 3,100,000.00 A 3/14/2022 3,045,409.00 1.94% 2,989,857.00 -55,552.00 ELI LILLY & CO 3/5/2015 2.750% 6/1/2025 532457BH0 5,415,000. 00 A+ 2/10/2022 5,559,255.60 1.91% 5,213,886.90 -345,368.70 HERSHEY COMPANY 8/21/2015 3.200% 8/21/2025 427866AU2 3,000, 000.00 A 3/30/2022 3,014,040.00 3.05% 2,909,310.00 -104,730.00 HOME DEPOT INC 9/14/2017 2.800% 9/14/2027 437076BT8 7,805, 000.00 A 1/27/2023 7,364,719.95 4.15% 7,346,924.55 -17,795.40 HONEYWELL INTERNATIONAL 5/18/2020 1.350% 6/1/2025 438516CB0 5,000,000.00 A 9/8/2021 5,097,900.00 0.82% 4,659,450.00 -438,450.00 HONEYWELL INTERNATIONAL 5/18/2020 1.350% 6/1/2025 438516CB0 2,255,000.00 A 3/22/2022 2,181,960.55 2.41% 2,101,411.95 -80,548.60 JOHN DEERE CAPITAL CORP 6/17/2021 1.050% 6/17/2026 24422EVR7 5 ,000,000.00 A 12/8/2021 4,908,600.00 1.47% 4,501,900.00 -406,700.00 JOHNSON & JOHNSON 8/25/2020 0.550% 9/1/2025 478160CN2 5,000,000.00 AAA 9/3/2020 5,023,550.00 0.45% 4,571,350.00 -452,200.00 JPMORGAN CHASE & CO 9/16/2020 0.653% 9/16/2024 46647PBS4 2,675,000.00 A- 9/16/2020 2,675,000.00 0.65% 2,599,832.50 -75,167.50 JPMORGAN CHASE & CO 8/10/2021 0.768% 8/9/2025 46647PCM6 2,340,000.00 A- 8/10/2021 2,340,000.00 0.77% 2,179,803.60 -160,196.40 2/9/2023 10:48 AM 3 of 4
Attachment A
City of Santa Clara Monthly Report
1/31/2023
Description Issue Date Coupon Rate Maturity Date CUSIP Par Value S&P Rating Settle Date Cost Value YTM at Cost Market Value Unrealized G/L JPMORGAN CHASE & CO 3/13/2020 2.005% 3/13/2026 46647PBH8 2,800,000.00 A- 3/22/2022 2,712,500.00 2.84% 2,634,016.00 -78,484.00 JPMORGAN CHASE & CO 4/22/2021 1.578% 4/22/2027 46647PCB0 4, 100,000.00 A- 8/10/2022 3,710,746.00 3.80% 3,684,834.00 -25,912.00 MASTERCARD INC 12/3/2019 2.000% 3/3/2025 57636QAN4 5,000, 000.00 A+ 3/9/2021 5,213,450.00 0.91% 4,752,150.00 -461,300.00 MASTERCARD INC 12/3/2019 2.000% 3/3/2025 57636QAN4 5,000, 000.00 A+ 3/10/2022 4,990,800.00 2.06% 4,752,150.00 -238,650.00 MERCK & CO INC 3/7/2019 2.900% 3/7/2024 58933YAU9 5,375, 000.00 A+ 11/23/2021 5,623,916.25 0.85% 5,266,425.00 -357,491.25 MICROSOFT CORP 2/12/2015 2.700% 2/12/2025 594918BB9 5,000,000. 00 AAA 3/9/2021 5,341,700.00 0.92% 4,857,850.00 -483,850.00 MICROSOFT CORP 11/3/2015 3.125% 11/3/2025 594918BJ2 5,100, 000.00 AAA 1/25/2023 4,940,982.00 4.33% 4,963,065.00 22,083.00 NOVARTIS CAPITAL CORP 11/20/2015 3. 000% 11/20/2025 66989HAJ7 10,000,000.00 AA- 1/31/2023 9,638,600.00 4.38% 9,654,800.00 16,200.00 QUALCOMM INC 5/20/2015 3.450% 5/20/2025 747525AF0 5,850,000. 00 A 5/19/2022 5,860,588.50 3.39% 5,727,969.00 -132,619.50 STATE STREET BANK & TR 2/7/2022 1.746% 2/6/2026 857477BR3 1,115,000.00 A 2/7/2022 1,115,000.00 1.75% 1,045,089.50 -69,910.50 STATE STREET BANK & TR 10/29/2020 2.901% 3/30/2026 857477BM4 4, 250,000.00 A 3/14/2022 4,275,372.50 2.74% 4,089,647.50 -185,725.00 TARGET CORP 1/24/2022 1.950% 1/15/2027 87612EBM7 990,000.00 A 1/24/2022 988,317.00 1.99% 913,443.30 -74,873.70 TARGET CORP 1/24/2022 1.950% 1/15/2027 87612EBM7 4,595,000. 00 A 2/1/2022 4,567,889.50 2.08% 4,239,668.65 -328,220.85 TOYOTA MOTOR CREDIT CORP 1/11/2021 0.450% 1/11/2024 89236THU2 6,100,000.00 A+ 1/11/2021 6,099,634.00 0.45% 5,855,451.00 -244,183.00 UNILEVER CAPITAL CORP 9/14/2020 0.375% 9/14/2023 904764BJ5 660,000.00 A+ 9/14/2020 659,155.20 0.42% 642,331.80 -16,823.40 WAL-MART STORES INC 6/27/2018 3.550% 6/26/2025 931142ED1 5, 700,000.00 AA 2/8/2022 6,011,847.00 1.87% 5,631,258.00 -380,589.00 Corporate Note Subtotal 192,915,000.00 193,149,673.84 183,764,324.10 -9,385,349.74 CARMAX AUTO OWNER TRUST 4/21/2021 0.520% 2/17/2026 14314QAC8 2,159,253.77 AAA 4/21/2021 2,158,788.46 0.52% 2,082,643.45 -76,145.01
DISCOVER CARD EXECUTION
NOTE TRUST 9/27/2021 0.580% 9/15/2026 254683CP8 2,100,000.00 AAA 9/27/2021 2,099,550.39 0.58% 1,967,763.00 -131,787.39
HONDA AUTO RECEIVABLES
OWNER T 11/24/2021 0.880% 1/21/2026 43815GAC3 1,615,000.00 NR 11/ 24/2021 1,614,659.56 0.89% 1,537,447.70 -77,211.86
HYUNDAI AUTO RECEIVABLES
TRUST 4/28/2021 0.380% 9/15/2025 44933LAC7 1,380,337.09 AAA 4/28/2021 1,380,191.88 0.38% 1,333,902.55 -46,289.33
HYUNDAI AUTO RECEIVABLES
TRUST 11/17/2021 0.740% 5/15/2026 44935FAD6 1,245,000.00 AAA 11/17/2021 1,244,722.12 0.75% 1,183,260.45 -61,461.67
TOYOTA AUTO RECEIVABLES
OWNER 9/27/2021 0.430% 1/15/2026 89239BAC5 2,645,000.00 AAA 9/27/2021 2,644,789.19 0.43% 2,521,161.10 -123,628.09 Asset-Backed Security Subtotal 11,144,590.86 11,142,701.60 10,626,178.25 -516,523.35 TORONTO DOMINION BANK NY 10/31/2022 5.470% 10/25/2024 89115B6F 2 7,270,000.00 A 10/31/2022 7,270,000.00 5.44% 7,360,438.80 90,438.80 Certificate of Deposit Subtotal 7,270,000.00 7,270,000.00 7,360,438.80 90,438.80
PRINCIPAL PUBLIC DEPOSIT
SWEEP PROGRAM 2.250% 2/1/2023 992995944 77,286.58 9/1/2020 77,286.58 77,286.58 -
LOCAL AGENCY INVESTMENT
FUND 2.425% 2/1/2023 10,625,412.81 9/30/1997 10,625,412.81 10,625,412.81 -
CALIFORNIA ASSET
MANAGEMENT PROGRAM 4.530% 2/1/2023 95,472,525.02 10/4/2022 95,472,525.02 95,472,525.02 - DREYFUS TREASURY 4.200% 2/1/2023 2,187,516.52 10/31/1997 2,187,516.52 2,187,516.52 - Cash Equivalent Subtotal 108,362,740.93 108,362,740.93 108,362,740.93 - Grand Total Count 148 889,877,331.79 883,981,687.22 849,907,230.48 (34,074,456.74) 2/9/2023 10:48 AM 4 of 4
Attachment A
Attachment 3
Department/Item
Source of
Funds
Use of
Funds Explanation
Parks & Recreation - Other
Revenue /
Materials/Services/Supplies
512 512 Recognizes public donations in the Parks &
Recreation Operating Budget to support Senior
Center activities and programming (five affirmative
Council votes required to appropriate additional
revenue).
Other Agencies Revenue
(Wildland Deployment
Reimbursements) / Fire
Department
299,286 299,286 Recognizes Cal OES reimbursements for wildland deployments in 2022 including the Oak and
McKinney fires and appropriates the funding to the
Fire Department to cover the associated costs (five
affirmative Council votes required to
appropriate additional revenue).
Charges for Services / Non-
Departmental Stadium
1,050,000 1,050,000 Increases the estimate for Charges for Services and the Non-Departmental Stadium budget as a result
of higher than anticipated expenses for events at
Levi's Stadium. These costs are reimbursable by
the Forty Niners Stadium Management Company
(five affirmative Council votes required to
appropriate additional revenue).
Transfer from the Fire
Department Operating Grant
Trust Fund / General Fund
Budget Stabilization Reserve
7,947 7,947 Recognizes a transfer from the Fire Department Operating Grant Trust Fund and increases the
General Fund - Budget Stabilization Reserve in the
amount of $7,947 to return grant city match savings
from the 2019 Assistance to Firefighters Grant (five
affirmative Council votes required to
appropriate additional revenue).
Transfer from the Parks and
Recreation Capital Fund/Land
Sale Reserve (Loan
Repayment for Reed and
Grant Sports Park) from the
Parks Capital Fund
5,598,215 5,598,215 Increases the Transfer from the Parks and Recreation Capital Fund and the Land Sale Reserve
by $5,598,215 to account for the full Reed Street-
Grant Street Sports Park Project loan repayment
from Mitigation Fee Act (MFA) revenue received
year-to-date. The loan repayment is a calculation
based on 25% of the MFA revenues, after two
percent (2%) of MFA revenue is appropriated
towards the Park Impact Fees Monitoring Project
(five affirmative Council votes required to
appropriate additional revenue).
6,955,960 6,955,960
FY 2022/23 Budget Amendments
General Fund (001)
1 Attachment 3
FY 2022/23 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Housing Division - Special
Disbursements
6,000,000 Increases the special disbursements category in the City Affordable Housing Fund to account for a $6.0
million loan for the Calle del Mundo site project (five affirmative Council votes required for the use of
unused balances).
Unrestricted Ending Fund
Balance
(6,000,000) Decreases the Unrestricted Ending Fund Balance to offset the actions above (five affirmative Council
votes required for the use of unused balances).
- -
Department/Item
Source of
Funds
Use of
Funds Explanation
Transfer from the Electric
Utility Capital Fund
10,761,450 Recognizes a transfer in from the Electric Utility Capital Fund for returned funding for decreased or
closed capital projects (five affirmative Council
votes required to appropriate additional
revenue).
Transfer from the Street
Lighting Capital Fund
2,075,000 Recognizes a transfer in from the Street Lighting Capital Fund for returned funding for decreased
capital projects (five affirmative Council votes
required to appropriate additional revenue).
Unrestricted Ending Fund
Balance
12,836,450 Increases the Unrestricted Ending Fund Balance to offset the actions above (five affirmative Council
votes required to appropriate additional
revenue).
12,836,450 12,836,450
Electric Utility Fund (091)
City Affordable Housing Fund (165)
2 Attachment 3
FY 2022/23 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Generation Capital
Maintenance and Betterments
(1,000,000) Decreases the project budget to align with updated project timeline. Funding will be reappropriated in
future budget actions as needed (majority
affirmative Council votes required).
Fiber Development Design &
Expansion
(500,000) Decreases the project budget to align with updated project timeline. Funding will be reappropriated in
future budget actions as needed (majority
affirmative Council votes required).
Utility Billing CIS Replacement (1,500,000) Decreases the project budget to align with updated project timeline. Funding will be reappropriated in
future budget actions as needed (majority
affirmative Council votes required).
Transmission and Distribution
Capital Maintenance and
Betterments
(1,000,000) Decreases the project budget to align with updated project timeline. Funding will be reappropriated in
future budget actions as needed (majority
affirmative Council votes required).
Operations and Planning
Technology
(1,500,000) Decreases the project budget to align with updated project timeline. Funding will be reappropriated in
future budget actions as needed (majority
affirmative Council votes required).
Substation Physical Security
Improvements
(500,000) Decreases the project budget to align with updated project timeline. Funding will be reappropriated in
future budget actions as needed (majority
affirmative Council votes required).
Network and Cyber Security
Infrastructure
(4,400,000) Decreases the project budget to align with updated project timeline. Funding will be requested as
contracts are approved through Council action
(majority affirmative Council votes required).
Underground/Above Ground
Tank Replacement and
Maintenance
(361,450) Decreases the project budget to return savings to the funding source, the Electric Utility Fund, as the
project is completed and can be closed (majority
affirmative Council votes required).
Transfer to the Electric Utility
Fund
10,761,450 Establishes a transfer to the Electric Utility Fund to reflect returned funding for decreased or closed
capital projects (five affirmative Council votes
required for the use of unused balances).
- -
Electric Utility Capital Fund (591)
3 Attachment 3
FY 2022/23 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Other Agencies Revenue /
USAR Training
Reimbursements
3,372 3,372 Recognizes Urban Search and Rescue training exercise reimbursements from the Menlo Park Fire
Protection District. Reimbursements were received
for the SARCOP Training and the Medical
Mobilization Familiarization drill (five affirmative
Council votes required to appropriate additional
revenue).
Other Agencies Revenue /
2019 Assistance to Firefighters
Grant
(79,472) (79,472) Decreases the 2019 Assistance to Firefighters Grant appropriation from $147,764 to $68,292. The
grant reimburses costs for the Fire Office Safety
Training Course. Due to mandatory COVID-19
staffing requirements, the Department was unable
to send the maximum number of personnel to the
training course (majority Council votes required).
2019 Assistance to Firefighters
Grant - City Match
(7,947) Decreases the 2019 Assistance to Firefighters
Grant - City Match by $7,947 to reflect the lower
total grant as described above. The grant requires a
city match of 10% of the total grant award (majority
Council votes required).
Transfer to the General Fund 7,947 Establishes a transfer of $7,947 to the General Fund to return City match funding associated with
the 2019 Assistance to Firefighters Grant (five
affirmative Council votes required for the use of
unused balances).
(76,100) (76,100)
Department/Item
Source of
Funds
Use of
Funds Explanation
Grant Revenue / Community
Development Housing Division -
Contractual Services
25,000 25,000 Increases the grant funding estimate and contractual services budget to cover additional
costs related to the amendment and extension of
the Housing Division's agreement with HOMEBASE,
a consultant working on the City's HOME American
Rescue Plan (ARP) program (five affirmative
Council votes required for the use of unused
balances).
25,000 25,000
Fire Operating Grant Trust Fund (178)
Housing Authority Fund (164)
4 Attachment 3
FY 2022/23 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Other Agencies Revenue / FY
2022-2023 Pacific Library
Partnership California Library
Services Act Reimbursement
10,723 10,723 Establishes a revenue estimate and corresponding appropriation for the FY 2022/23 Pacific Library
Partnership reimbursement. This funding
reimburses a portion of the Library Department's
Link+ subscription. Link+ is a regional inter-library
loan services which allows the Department to
provide library users with borrowing privileges to
access books and other materials through the Link+
library network throughout California public and
academic library networks (five affirmative
Council votes required to appropriate additional
revenue).
10,723 10,723
Department/Item
Source of
Funds
Use of
Funds Explanation
Mitigation Fee Act Revenue 20,852,858 Increases the Mitigation Fee Act revenue estimate by $20,852,858 (from $4,363,500 to $25,216,358)
based on revenue received year-to-date (five
affirmative Council votes required to
appropriate additional revenue).
Park Impact Fees Monitoring
Project
613,195 Increases the Park Impact Fees Project
appropriation based on an additional $5,443,388 of
Park Impact Fees revenue received in FY 2021/22
($1,551,260 of Quimby and $3,892,128 of Mitigation
Fee Act [MFA] revenues) and MFA revenue
($25,216,358) received this FY 2022/23, year-to-
date. The appropriations are based on a calculation
of two percent (2%) of received Quimby and MFA
fees that are transferred to this project annually,
(City Chapter 17.35 of the City Code) to support
staff and studies related to the park in-lieu program
(five affirmative Council votes required to
appropriate additional revenue and for the use
of unused balances).
Library Operating Grant Trust Fund (112)
Parks & Recreation Department Capital Fund (532)
5 Attachment 3
FY 2022/23 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Transfer to the General Fund -
Land Sale Reserve (Loan
Repayment for Reed and
Grant Sports Park)
5,598,215 Increases the Transfer to the General Fund - Land Sale Reserve by $5,598,215 (from $0 to
$5,598,215) for the full Reed Street-Grant Street
Sports Park Project loan repayment, based on
Mitigation Fee Act (MFA) revenue received year-to-
date. The loan repayment is a calculation based on
25% of the remaining MFA revenue balance, after
two percent (2%) of MFA revenue is appropriated
towards the Park Impact Fees Monitoring Project
(five affirmative Council votes required for the
use of unused balances).
Other Agencies Revenue
(Central Park Magical Bridge
Playground Project)
(34,980) Decreases the Santa Clara County All Inclusive Playground grant revenue estimate by $34,980
(from $1,800,000 to $1,765,020) to true-up the
budget based on the grant award agreement. The
grant funds support the Central Park Magical Bridge
Playground project and reimburse a portion of the
project's costs. The $34,980 reduction will be offset
by the use of Mitigation Fee Act revenues received
in FY 2022/23
(majority affirmative Council votes
required).
Parkland Acquisition Project 6,000,000 Establishes a Parkland Acquisition project for a total budget of $6 million. The project intends to keep
parkland acquisition in pace with the population
increases as a result of residential development.
Park in-lieu fees will be allocated towards this
project for acquisition of parkland as property
purchase opportunities arise. The 2021 Annual
Land Valuation Appraisal Report (Frank Schmidt &
Associates) estimates an acre of land in the City
costs between $5.7 million and $6 million. The
project funding includes $5 million from Mitigation
Fee Act revenue received this FY 2022/23 and $1
million from the Quimby Act Fees fund balance
(five
affirmative Council votes for the use of unused
balances).
Ending Fund Balance 8,606,468 Increases the ending fund balance to offset the actions recommended above (five affirmative
Council votes required for the use of unused
balances).
20,817,878 20,817,878
Parks & Recreation Department Capital Fund (532) (Cont'd.) 6 Attachment 3
FY 2022/23 Budget Amendments
Department/Item
Source of
Funds
Use of
Funds Explanation
Other Revenue /
Materials/Services/Supplies
1,000 1,000 Recognizes a donation from the Texas Snowballs in support of the Senior Nutrition Program (five
affirmative Council votes required to
appropriate additional revenue).
1,000 1,000
Department/Item
Source of
Funds
Use of
Funds Explanation
Kaiser Permanente Donation /
Parks & Recreation - Senior
Health and Wellness Program
1,000 1,000 Recognizes a donation from Kaiser Permanente in support of the Senior Health & Wellness Program.
Funds will be used support senior wellness and
care management programs (five affirmative
Council votes required to appropriate additional
revenue).
1,000 1,000
Department/Item
Source of
Funds
Use of
Funds Explanation
Miscellaneous Street Lighting (75,000) Decreases the project budget to align with updated project timeline. Funding will be reappropriated in
future budget actions as needed (majority
affirmative Council votes required).
Street Light Replacements -
Great America Parkway
(2,000,000) Decreases the project budget to align with updated project timeline. Funding will be reappropriated in
future budget actions as needed (majority
affirmative Council votes required).
Transfer to the Electric Utility
Fund
2,075,000 Establishes a transfer to the Electric Utility Fund to reflect returned funding for decreased capital
projects (five affirmative Council votes required
for the use of unused balances).
- -
Street Lighting Capital Fund (534)
Parks & Recreation Operating Grant Trust Fund (111)
Public Donations Fund (067)
7 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-101 Agenda Date: 3/7/2023
REPORT TO COUNCIL
SUBJECT
Action on:
(1) Adoption of a Class 2 Categorical Exemption under CEQA Guidelines Section 15302; (2) Approval of Amendment No. 1 to the Existing Deposit Agreement with Intel Corporation, and Approval of a Second Deposit Agreement with Intel, Relating to the Juliette Substation Project; (3) Approval of Amendment No. 1 to the Deposit Agreement with West Valley Mission Community College District Related to a Battery Storage Project;
(4) Approval of a Deposit Agreement with Innovation Commons Owner, LLC Related to the Democracy Substation Project;
(5) Approval of the Form of a Model Deposit Agreement and Grant Authority to City Manager to Execute Future Deposit Agreements Conforming to the Approved Model Form, and Authority to City Attorney to Modify Terms and Conditions of the Model Deposit Agreement; (6) Approval of Purchase Order to Eaton Corporation for Switchgear Associated with the Mission College Project, and Authorize City Manager to Issue Future Purchase Orders to Eaton Corporation Up to a Maximum of $1,500,000; and
(7) Approve Related Budget Amendments
COUNCIL PILLAR
Deliver and Enhance Quality Efficient Services and Infrastructure
BACKGROUND
In order to meet unique needs of specific customers, Silicon Valley Power (SVP) the electric utility for the City of Santa Clara, performs a number of services that are charged directly to customers. These services may include performing engineering studies to support developer projects, making upgrades to dedicated customer substations, and additional equipment design and installation to meet customer needs. In order to ensure that the customer pays all required costs of work performed on the Customer’s behalf, the City enters into agreements with the customer to receive payment in advance. In some cases, this advance payment is included in a substation agreement. If services are not associated with new construction of a substation or if the parties are not able to enter into a substation agreement (such as when studies are needed before entering into a substation agreement), SVP uses a Deposit Agreement developed by the City Attorney’s Office.
These Deposit Agreements do not provide the customer with any vested right to electric service, any assurance of approval of customer’s project (such as entitlements where applicable), any budget approvals relating thereto, permit application approvals, environmental reviews or any other item relating or arising out of the customer’s project or any portion thereof.
While these Deposit Agreements were previously executed by City staff because they are cost neutral, the City Attorney’s Office recommends securing approval from Council for these agreements City of Santa Clara Printed on 3/16/2023Page 1 of 5
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23-101 Agenda Date: 3/7/2023
including ratifying agreements that were previously executed.
DISCUSSION
Intel Corporation has requested that SVP install and upgrade transformers at the Juliette Substation to operate at a higher capacity. SVP will contract with Delta Star (the manufacturer of the transformers) to perform this work. On June 14, 2022; the City executed a Deposit Agreement with Intel Corporation (Attachment 1) requiring Intel to submit a deposit of $827,000 to upgrade the transformers. In December 2022, Delta Star performed a field load study that resulted in recommended activities that increase the cost estimate from $827,000 to $2,610,180 (Attachment 2).
This cost estimate includes contractor’s labor costs, SVP staff costs to manage and support the project, and additional amounts for contingencies and other related costs. Intel has agreed to deposit that amount in advance of initiating the project and the City will recover costs of equipment and services provided from that deposit. In addition to the amended Deposit Agreement for the transformer rerate project, SVP and Intel have negotiated a separate Deposit Agreement in the amount of $1,702,313 for engineering services to add a third transformer bank at the Juliette Substation (Attachment 3). The Deposit Agreements with Intel would total $4,312,493, of which $2,000,000 was assumed in the budget. A budget adjustment of $2,312,493 is recommended to address the remaining balance.
West Valley Mission Community College District (Mission College) has requested that SVP perform upgrades necessary to accommodate their Distributed Energy Resource (DER) system. Mission College has an existing 12 MW Photovoltaic (PV) system. In addition to the existing PV capacity, Mission College will interconnect and operate a new 2.5 MW PV system with 2MW/4MWH battery energy storage in parallel operation with SVP's distribution system. This requires procurement of a vacuum disconnect switch as well as installation by SVP staff, programming, testing, and commissioning. On March 28, 2022; the City executed a Deposit Agreement with Mission College (Attachment 4) requiring Mission College to submit a deposit of $372,750 to upgrade the transformers. After further study, the costs associated with the project increased from $372,750 to $504,000, primarily due to escalating equipment costs (Attachment 5). This adjusted cost includes equipment to be purchased from Eaton Corporation (Eaton), staff costs for installing, testing, and commissioning the equipment, meter upgrades, and additional amounts for contingencies and other related costs. Mission College has agreed to deposit that amount and the City will recover costs of equipment and services provided from that deposit.
As part of the required upgrades to accommodate Mission College’s new PV and battery storage systems, SVP requires the purchase of switchgear which SVP proposes to purchase from Eaton.
This is a sole source purchase authorized by the Purchasing Manager pursuant to section 2.105.280 (b)(2) which states: “[w]hen required to ensure operation or function to match other products with respect to the repair, expansion or completion of a system, existing structure or program currently in use by the City, including, but not limited to, utility and technology purchases required to achieve interoperability with existing systems or programs.” As part of any operational system, it is necessary to limit equipment variability in order to manage operations and repairs, especially during outages.
As determined by the Purchasing Manager, sole source is justified in this case as the Eaton switchgear will ensure the viable function and operation of the SVP system as it is similar to other equipment in use. Staff requests authorization to issue a purchase order to Eaton in an amount not to exceed $400,000 for the switchgear and associated equipment for the Mission College system.
Funding for this purchase order will be paid by Mission College and is included in the New Business Development Capital Project in the Electric Utility Capital Fund. Based on the same sole source City of Santa Clara Printed on 3/16/2023Page 2 of 5
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23-101 Agenda Date: 3/7/2023
justification, SVP is also seeking to increase the authorization to purchase additional switchgear from Eaton to a total amount not to exceed $1,500,000 for other customers or regular SVP operating needs subject to budget appropriations. Any future purchases made on behalf of a customer will be recovered from the customer and any additional funding needed for purchases would be brought forward to Council in a budget amendment.
Innovations Commons Owner LLC, managed by Kylli, Inc. (Kylli), is proposing a project at 4995 Patrick Henry Drive, Santa Clara, CA, to develop 46 acres of land into 3,000,000 square feet of commercial office/lab space, 100,000 square feet of neighborhood retail, and 1,800 new multi-family residential units. A general distribution substation, named the Democracy Substation with a capacity of 94.5 MVA, will be required to provide electric service to this project. In order to initiate required design services, SVP will hire an engineering contractor using existing master agreements for engineering services to prepare a Gas Insulated Substation (GIS Substation) Operations Report and preliminary design of the transmission line trench alignment in the public right-of-way. The required deposit amount of $787,500 includes costs for required contracted engineering services, costs of staff to manage and support the project, and additional funds for contingency and other associated costs (Attachment 6). Kylli has agreed to submit a deposit of $787,500 in advance of initiation of the project and the City will recover these costs from that deposit. A budget amendment is recommended in the Fiscal Impact section to recognize revenue and establish the Democracy Substation project.
Staff requests Council approval of, and authorization for, the City Manager to negotiate and execute future Deposit Agreements based on the attached model Deposit Agreement (Attachment 7). By providing authorization to the City Manager to execute future Deposit Agreements and associated amendments, SVP will be enabled to quickly respond to customer needs. Where budget actions are required, staff will request through the appropriate Council approval process.
ENVIRONMENTAL REVIEW
The approval of the Deposit Agreements, including the model, are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(4), in that they involve the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The environmental impacts of any work performed by City contractors in connection with these Deposit Agreements have been previously evaluated under CEQA or, in the case of future Deposit Agreements, will be evaluated with the associated service agreements.
The replacement of the switchgear is considered exempt from CEQA pursuant to CEQA Guidelines Section 15302 (Class 2 - Replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced). Replacement of switchgear will take place on the same site and the updated equipment will serve the same purpose and have the same capacity as the equipment being replaced.
FISCAL IMPACT
Under the terms of Amendment No. 1 to the Deposit Agreement with Intel, Intel will submit a deposit in the amount of $2,610,180. Under the terms of the Deposit Agreement with Intel for engineering services associated with adding a third transformer, Intel will deposit $1,702,313. Of the total amount of $4,312,493, $2,000,000 is already included in the Juliette Substation Transformer Rerate and City of Santa Clara Printed on 3/16/2023Page 3 of 5
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23-101 Agenda Date: 3/7/2023
Installation Project for FY 2022/2023. Staff recommends increasing the Developer Contributions revenue and the project appropriation in the amount of $2,312,493 to authorizing funding for the remaining amount.
Under the terms of Amendment No. 1 to the Deposit Agreement with Mission College, Mission College will submit a deposit in the amount of $504,000. Of that amount $372,500 was budgeted and already received in the New Business Development Project for FY 2022/23. Sufficient revenue and expenses are already budgeted in the New Business Development project for the additional costs associated with the Mission College Deposit Agreement and currently no budget amendment is necessary.
To fund the services and associated costs included in the Deposit Agreement with Innovation Commons Owner LLC, staff recommends establishing a new project for the Democracy Substation including an increase in Developer Contributions revenue in the amount of $787,500. Future budget adjustments required for this project will be requested through the budget process.
Budget Amendment
FY 2022/23
Current Increase/
(Decrease)
Revised
Electric Utility Capital Fund
Revenues
Other Revenue (Developer
Contributions)
$52,405,338 $3,099,993 $55,505,331
Expenditures
Juliette Substation Transformer
Rerate and Installation Project
(CIP 2462)
$2,000,000 $2,312,493 $4,312,493
Democracy Substation (New
Project)
$0 $787,500 $787,500
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
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 protected] <mailto:[email protected]> .
RECOMMENDATION
1. Adopt a Class 2 Categorical Exemption under CEQA Guidelines Section 15302;
2. Authorize the City Manager to execute Amendment No. 1 to the Deposit Agreement with Intel Corporation increasing the deposit amount by $1,783,180 from $827,000 to $2,610,180 and ratify City of Santa Clara Printed on 3/16/2023Page 4 of 5
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23-101 Agenda Date: 3/7/2023
the underlying agreement executed on June 14, 2022;
3. Authorize the City Manager to execute a second Deposit Agreement with Intel Corporation for engineering services associated with adding a third transformer at the Juliette Substation in the amount of $1,702,313;
4. Authorize the City Manager to execute Amendment No. 1 to the Deposit Agreement with West Valley Mission Community College District increasing the deposit amount by $131,250 from $372,750 to $504,000 and ratify the underlying agreement executed on March 28, 2022;
5. Authorize the City Manager to execute a Deposit Agreement with Innovation Commons Owner, LLC in the amount of $787,500;
6. Approve a model Deposit Agreement in the form attached hereto and authorize the City Manager to negotiate, approve, and execute Deposit Agreements and any amendments thereto which are in substantial conformance with these terms and conditions and to take any actions as necessary to implement and administer the agreement and authorize the City Attorney to make modifications to the terms of the model Deposit Agreement;
7. Authorize a Purchase Order to Eaton Corporation in an amount not to exceed $400,000 for switchgear associated with the Mission College project and authorize future Purchase Orders to Eaton Corporation for future SVP projects up to a maximum of $1,500,000 subject to the following (1) available appropriations, (2) conformance with Purchasing Ordinance and Purchasing guidelines, (3) environmental review where required; and
8. Approve the FY 2022/23 budget amendments in the Electric Utility Capital Fund to increase the estimate for Other Revenue by $3,099,993, increase the Juliette Substation Transformer Rerate and Installation Project by $2,312,493, and establish the Democracy Substation project in the amount of $787,500 (five affirmative Council votes required to appropriate additional revenue).
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Office of the City Manager
ATTACHMENTS
1. Deposit Agreement with Intel Corporation
2. Proposed Amendment No. 1 to Deposit Agreement with Intel Corporation
3. Proposed Deposit Agreement with Intel Corporation for Engineering Services Associated with Third Transformer
4. Deposit Agreement with Mission College
5. Proposed Amendment No. 1 to Deposit Agreement with Mission College
6. Proposed Deposit Agreement with Innovation Commons Owner LLC
7. Model Deposit Agreement
City of Santa Clara Printed on 3/16/2023Page 5 of 5
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DEPOSIT AGREEMENT
BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND
INTEL CORPORATION
PREAMBLE
This Deposit Agreement ("Agreement''), deposit and reimbursement for services outlined herein, is by and between Intel Corporation, a Delaware corporation, with its principal place of business located at 2200 Mission College Boulevard, Santa Clara, California 95054 ("Customer''), and the City of Santa Clara, California, a chartered California municipal corporation, with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050, doing business as Silicon Valley Power (the "City" or "SVP"). SVP and Customer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." The City and Customer agree as follows:
I. Customer requires engineering and field services and materials from SVP (Services) as is further outlined in Exhibit A - Scope of Services and Cost Estimate attached to this Agreement and incorporated by reference.
A. City agrees to perform Services required by City as outlined in Exhibit A (Scope of Services and Cost Estimate).
B. City has estimated the costs of SVP services and related costs such as, but not limited to labor, materials, subcontracted services, permits, and easements as well as any other City costs such as taxes, fees, and overhead that may be identified by City required to complete Services (Cost of Services).
II. Customer agrees to deposit $827,500 (Deposit) with the City.
A. Deposit shall be equal to the estimated Cost of Services plus a twenty-five percent (25%) contingency.
B. Customer understands that such Deposit is a retainer based on estimated actual and reasonable Cost of Services and is not a fixed fee for required services.
C. Deposit must be received by City before Services are initiated by City.
D. City shall maintain accounting for Deposit using a process that will permit City to provide routine reporting to Customer upon request. Customer understands that periodic reporting will be based on invoices and other information received as of the time of the report and there may be additional costs that have not yet been invoiced to City.
Deposit Agreement/Intel Corporation
Rev. 02/08/2022