City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
4:30 PMTuesday, June 27, 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]..
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
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 June 27, 2023, at 4:30 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 - 4:30 PM | Regular Meeting - 7:00 PM
4:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1. 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: Claim of Moonlite Associates, LLC (attached)
23-552
Public Comment
The public may provide comments regarding the Closed Session item (s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.
Convene to Closed Session (Council Conference Room)
7:00 PM COUNCIL/SPECIAL STADIUM AUTHORITY MEETING
*Open Session to begin at 7:00 PM or shortly thereafter.
Call to Order
Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A Proclaim Portuguese National Heritage Month for June 202323-820
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
2.B Recognition of the Santa Clara Women ’s League donation of $8,000 to support the Senior Center Health & Wellness Case Management Program and the “Be Strong, Live Long 2023”
Health & Wellness Fair
23-485
2.C Recognition of Silicon Valley Central Chamber of Commerce Board of Directors
23-806
CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]
3.A Action on the Minutes of April 25, 2023 Council Special Meeting; May 5, 2023 Adjourned and Reconvened Special Council
Meeting; May 9, 2023 Council and Authorities Concurrent; and May 23, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting
23-801
Approve the Minutes of April 25, 2023 Council
Special Meeting; May 5, 2023 Adjourned and
Reconvened Special Council Meeting; May 9, 2023
Council and Authorities Concurrent; and May 23, 2023
Joint Council and Authorities Concurrent and Santa
Clara Stadium Authority Meeting.
Recommendation:
3.B Board, Commissions and Committee Minutes23-15
Note and file the Minutes of:
Board of Library Trustees Minutes - April 3, 2023
Minutes - Draft
Cultural Commission - May 1, 2023
Recommendation:
3.C Action on Monthly Financial Status and Investment Reports for April 2023 and Approve the Related Budget Amendments
23-727
Note and file the Monthly Financial Status and
Investment Reports for April 2023 as presented and
Approve the Related Budget Amendments (five
affirmative Council votes required to appropriate
additional revenue or for the use of unused balances).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
3.D Action on Award of Contract for the City of Santa Clara Utilities Corporation Yard Renovation Project to Ron Paris Construction 23-424
1. Determine the proposed action is exempt pursuant
to Class 1 (Existing Facilities) of CEQA Guidelines
Section 15301;
2. Award the Public Works Contract for the City of
Santa Clara Utilities Corporation Yard Renovation
Project to the lowest responsive and responsible
bidder, Ron Paris Construction, in the amount of
$704,248 and authorize the City Manager to
execute any and all documents associated with,
and necessary for the award, completion, and
acceptance of this Project, in a final form approved
by the City Attorney; and
3. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $105,637, for a total
not-to-exceed amount of $809,885.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
3.E Actions on Award of Contract for the 2023 Americans with Disabilities Act (ADA) Curb Ramps Project to Villalobos & Associates, Inc., and Related Budget Amendments
23-525
1. Determine the proposed project qualifies for a
Categorical Exemption under CEQA Guidelines
Section 15301;
2. Award the Public Works Contract for the 2023 ADA
Curb Ramps Project to the lowest responsive and
responsible bidder, Villalobos & Associates, Inc., in
the amount of $470,733, funded in the Streets and
Highways Capital Fund, and authorize the City
Manager to execute any and all documents, in a
final form approved by the City Attorney, associated
with, and necessary for the award, completion, and
acceptance of this Project;
3. Authorize the City Manager to execute change
orders up to 10 percent of the original contract
price, or $47,073, for a total not to exceed amount
of $517,806, funded in the Streets and Highways
Capital Fund; and
4. Approve the following FY 2022/23 Budget
Amendments:
A. In the Water Utility Capital Fund, establish a
transfer of $1,500 to the Streets and Highways
Capital Fund and decrease the Unrestricted
Ending Fund Balance in the amount of $1,500
(five affirmative Council votes required for
the use of unused balances);
B. In the Streets and Highways Capital Fund,
recognize a transfer in from the Water Utility
Capital Fund in the amount of $1,500, decrease
the Annual Curb Ramp Installation project in the
amount of $207,228, and increase the Citywide
Priority Curb Ramp project in the amount of
$208,728 (five affirmative Council votes
required to appropriate additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
3.F Action on Award of Contract for the Westwood Oaks Park Playground Rehabilitation Project to Robert A. Bothman
Construction and Related Budget Amendments
23-588
1. Determine the project to be exempt from CEQA
under Public Resources Code Section 15302
(Class 2 Categorical Exemption); Section 15303
(Class 3 Categorical Exemption); and Section
15304 (Class 4 Categorical Exemption);
2. Award the Public Works Contract for the Westwood
Oaks Park Playground Rehabilitation Project to the
lowest responsive and responsible bidder, Robert
A. Bothman Construction, in the amount of
$2,767,000 and authorize the City Manager to
execute any and all documents associated with,
and necessary for the award, completion, and
acceptance of this Project, in final forms approved
by the City Attorney;
3. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $415,050, for a total
not-to-exceed amount of $3,182,050 funded by the
Parks and Recreation Capital Fund; and
4. Approve the following FY 2023/24 budget
amendment in the Parks and Recreation Capital
Fund to increase the Westwood Oaks Park
Playground Rehabilitation project appropriation by
$1,421,000 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).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
3.G Action on Award of Purchase Orders for Citywide As -Needed Interior and Exterior Painting Services
23-677
1. Authorize the City Manager to execute Purchase
Orders with Armstrong Painting, Inc., Fairway
Painting, and Aiden’s Quality Painting, Inc. for
as-needed interior and exterior painting services
for an initial one-year term starting on or around July 1, 2023 and ending on or around June 30, 2024 for
a maximum aggregate amount not-to-exceed
$200,000, funded by various City funds; and
2. Authorize the City Manager to exercise up to four
one-year options to extend the term of the Purchase
Orders, subject to compensation increases
consistent with market rates not-to-exceed
$250,000 per year and the appropriation of funds.
Recommendation:
3.H Actions on a Density Bonus Agreement (DBA) with Santa Clara Pacific Associates to Allow a Multifamily Housing Development with 198 Affordable Rental Units at 80 Saratoga Avenue and Delegation of Authority to the City Manager to Negotiate and Execute Future DBAs in Accordance with Santa Clara City Code Section 18.78.060.
23-732
1. Approve and authorize the City Manager or
designee, to execute the Density Bonus
Agreement with Santa Clara Pacific
Associates for a 200 affordable housing
project at 80 Saratoga Avenue on the terms
presented, in a final form approved by the City
Attorney.
2. Adopt a Resolution delegating to the City
Manager the authority to negotiate, execute, or
amend Density Bonus Agreements in
accordance with the provisions of Santa Clara
City Code Section 18.78.060, 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 City’s
standard Density Bonus Agreement shall
continue to be brought to the City Council for
approval.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
3.I Action on Amendment No. 1 with PFM Asset Management LLC for Investment Management Services
23-481
1. Approve and authorize the City Manager to execute
Amendment No. 1 to the Agreement with PFM
Asset Management LLC for Investment
Management Services to extend the initial term of
the Agreement to end on July 31, 2028 and
increase compensation by $1,625,000 for a
revised total maximum amount not to exceed
$2,465,000, subject to the appropriation of funds;
and
2. Authorize the City Manager to exercise options, by
an amendment of the Agreement subject to review
and approval as to form by the City Attorney, to
extend the term of the Agreement for two additional
years to July 31, 2030 and increase compensation
by $686,000 for a revised total maximum amount
not to exceed $3,151,000, subject to the
appropriation of funds.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
3.J Action on Amendment No. 4 with Wallace Roberts and Todd, LLC (WRT) to Add Two Study Cities to the City Hall Relocation Study and Related Budget Amendment
23-759
1. Authorize the City Manager to execute Amendment
No. 4 to the Agreement with Wallace Roberts and
Todd, LLC (WRT) for the City Hall Relocation Study, in
a final form approved by the City Attorney, at a total
cost not to exceed $16,000, funded by the General
Fund; and
2. Approve the following FY 2023/24 budget
amendment, subject to approval of the FY 2023/24
and FY 2024/25 operating budget:
A. In the General Fund, increase the transfer to the
General Government Capital Fund by $16,000
and reduce the Budget Stabilization Reserve
by $16,000 (five affirmative Council votes
required for the use of unused balances);
and
B. In the General Government Capital Fund,
recognize a transfer of $16,000 from the
General Fund Budget Stabilization Reserve
and increase the Precise Plan for Downtown
project by $16,000 (five affirmative Council
votes required to appropriate additional
revenue).
Recommendation:
3.K Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations
23-687
Determine the proposed actions are exempt from
CEQA pursuant to Sections 15302 (c) and 15303 of
Title 14 of the California Code of Regulations and
adopt a Resolution authorizing the use of City Electric Forces for work detailed in this Report to Council
located at 2300 Calle de Luna and 2920 Scott
Boulevard.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
3.L Action to Adopt a Resolution to Provide Santa Clara Small Businesses Reporting 49 or Fewer Employees a One -Time
Subsidy to Help Offset Costs of Modernized Business License Taxes Using Existing Silicon Valley Chamber of Commerce Settlement Funds Up to $330,000
23-830
Adopt a Resolution to provide a one-time subsidy to
small businesses located in Santa Clara reporting 49
or fewer employees, applied upon business license
tax renewal for Fiscal Year 2023/24, using existing
Silicon Valley Chamber of Commerce settlement
funds on a first come first serve basis in an amount not to exceed $330,000.
Recommendation:
3.M Approve a Silicon Valley Power One -Time Climate Credit for Small Commercial (C-1) Customers
23-756
Approve a Silicon Valley Power one-time $70
Climate Credit for all C-1 customers.
Recommendation:
3.N Overview of the Citywide Risk Assessment and Proposed 2023 and 2024 Internal Audit Work Plans
23-734
Note and file the citywide risk assessment report from
Baker Tilly, LLC and note the proposed 2023 and
2024 audit work plans as approved by the Audit
Committee.
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
4. Action to Authorize the City Manager to Negotiate and Execute a One-Year Municipal Law Enforcement Services Agreement
Between the City of Santa Clara and the City of Milpitas for Supplemental Law Enforcement Services at Levi ’s Stadium Events; Action on a Resolution Delegating Authority to the City Manager to Negotiate and Execute Future Indemnity
Agreements and Municipal Law Enforcement Services
Agreements Between the City of Santa Clara and Other Public Safety Agencies for “Double-Badgers” or Supplemental Law Enforcement Services
23-815
1. Authorize the City Manager to Negotiate and
Execute a One-Year Municipal Law
Enforcement Services Agreement Between
Santa Clara and the City of Milpitas Police
Department for Supplemental Law
Enforcement Services at Levi’s Stadium
Events in a form approved by the City Attorney
2. Adopt a Resolution Delegating Authority to the
City Manager to Negotiate and Execute Future
Indemnity Agreements and Municipal Law
Enforcement Services Agreements, in a form
approved by the City Attorney, Between the
City and other Public Safety Agencies for
“Double-Badgers” or Supplemental Law
Enforcement Services
Recommendation:
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS
5. FISCAL YEAR 2023/24 AND FY 2024/25 BUDGET ACTION ITEMS
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
5.A Public Hearing: Action on the Adoption of the Proposed FY 2023/24 & FY 2024/25 Biennial Operating Budget and FY
2023/24 Capital Improvement Program Changes
23-144
1. Approve the Proposed FY 2023/24 and FY
2024/25 Biennial Operating Budget and FY
2023/24 Capital Budget changes, including the
recommended revisions detailed in Attachment 2;
2. Approve the Appropriation Schedule for operating
funds totaling $1,617,369,144 in FY 2023/24 and
$1,374,568,875 in FY 2024/25 and the FY 2023/24
Appropriation Schedule for capital funds totaling
$657,486,151 as detailed in Attachment 3;
3. Approve the Housing Authority FY 2023/24
expenditure budget of $457,193 and FY 2024/25
expenditure budget of $414,581 as presented in
the Operating Budget;
4. Approve the Sports and Open Space Authority FY
2023/24 expenditure budget of $10,000 and FY
2024/25 expenditure budget of $10,200 as
presented in the Operating Budget; and
5. Direct staff to bring forward a separate resolution to increase the Transient Occupancy Tax rate by one
percentage point effective January 1, 2024.
Recommendation:
5.B Action Establishing the City's Fiscal Year 2023/24
Appropriations Limit of $ 628,493,798 Pursuant to Article XIIIB of the California State Constitution.
23-519
Adopt a Resolution Establishing the City's Fiscal Year
2023/24 Appropriations Limit of $628,493,798
Pursuant to Article XIIIB of the California State
Constitution.
Recommendation:
6. Public Hearing: Action on Amendment to the City of Santa Clara General Plan -Re-Adoption of the 2023-2031 Housing Element with Revisions
23-819
Alternative: 1
1. Adopt a Resolution to amend the General Plan
by re-adopting the Housing Element for the
2023-2031 Cycle.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 2023
7. Note and File the Resolutions of the Salary Setting Commission Establishing as Unchanged the Salary for the positions of Mayor and Council and City Clerk, and increasing the Salary for the Position of Police Chief to $ 345,060/annually; and Action to Adopt a Resolution Approving and Adopting the Updated
Unclassified/Elected Salary Plan for the position of Police Chief for the Period of July 1, 2023 through June 30, 2025
(DEFFERED FROM JUNE 6, 2023)
23-808
1. Note and file the Resolutions of the Salary
Setting Commission establishing the salary for
the positions of Mayor and Council, Police
Chief, and City Clerk; and
2. Adopt a Resolution to approve the revised
Unclassified/Elected Salary Plan for the
position of Police Chief, which reflects the
salary increase granted by the Salary Setting
Commission, to satisfy the requirements of
California Code of Regulations Section 570.5,
effective July 1, 2023.
Recommendation:
WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL
8. Action on a Written Petition (Council Policy 030), Submitted by Adam Thompson Requesting to Place an Agenda Item on a
Future Council Meeting to Request that Council Reconsider the El Camino Real Specific Plan Committee Membership
23-775
Staff makes no recommendation.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Tentative Meeting Agenda Calendar (TMAC)23-843
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, July 11, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda June 27, 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 clerk@santaclaraca .gov <mailto :[email protected]> or at the public information desk at any City of Santa Clara public library.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City ’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk ’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability -related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City ’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.