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
6:00 PMTuesday, July 18, 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
How to Submit Written Public Comment Before City Council Meeting:
1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx). eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.
2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email. NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.
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 July 18, 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 Mayor calls for a Special Meeting of the City Council of the City of Santa Clara, to commence and convene on July 18, 2023, at 6:00 pm for a Special Council Meeting in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California and virtually to consider the following matter(s) and to potentially take action with respect to them.
Special Council Meeting 6:00 PM | Regular Meeting - 7:00 PM 6:00 PM SPECIAL COUNCIL MEETING
Call to Order in the Council Chambers
Roll Call
1. Receive Silicon Valley Power Quarterly Update23-757
Note and file the Silicon Valley Power Quarterly
Update.
Recommendation:
7:00 PM COUNCIL REGULAR MEETING
Call to Order
Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A Recognition of Miss Santa Clara Kimberly Vernon23-898
2.B Proclaim Taylor Swift as Honorary Mayor and Name the City of Santa Clara to “Swiftie Clara” for Ceremonial Purposes Only During the Period of July 28, 2023 to July 29, 2023
23-863
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.]
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 2023
3.A Board, Commissions and Committee Minutes23-17
Note and file the Minutes of:
Historical and Landmarks Commission - May 17,
2023
Historical and Landmarks Commission - June 1, 2023
Downtown Community Task Force - March 14, 2023
Downtown Community Task Force - April 20, 2023
Recommendation:
3.B Action to Ratify Purchase Orders Greater than $ 250,000, with an Aggregate Amount of $ 3,389,254 for Finance Department Central Warehouse Purchases to Replenish Silicon Valley Power Inventory Funded by the Electric Operating Fund
23-844
1. Ratify the purchase order for Hitachi Energy USA,
Inc for electric transformers in an amount not to
exceed $529,398, funded by the Electric Operating
Fund and Electric Utility Capital Fund, subject to
appropriation of funds.
2. Ratify the purchase order for Trayer Engineering
Corp for electric switches in an amount not to exceed
$2,362,246, funded by the Electric Operating Fund
and Electric Utility Capital Fund, subject to
appropriation of funds.
3. Ratify the purchase order for Elster Solutions LLC
for electric meters in an amount not to exceed
$497,610, funded by the Electric Operating Fund and
Electric Utility Capital Fund, subject to appropriation of funds.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 2023
3.C Action on an Agreement with Bellecci & Associates, Inc. for Design Professional Services for Creek Trail Pavement
Maintenance and Rehabilitation Projects
23-690
1. Approve and authorize the City Manager to execute
an agreement with Bellecci & Associates, Inc. for
Creek Trail Pavement Maintenance and
Rehabilitation Projects in the amount not-to-exceed
$494,110 for design professional services required
for the creek trail pavement maintenance and
rehabilitation projects, in a final form approved by
the City Attorney; and
2. Authorize the City Manager to make minor,
non-substantive modifications, including time
extensions, to the agreement, if needed in a final
form approved by the City Attorney.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 2023
3.D Action to Delegate Authority to the City Manager to Negotiate and Execute Amendments to Agreements for Design
Professional Services for Silicon Valley Power ’s System Capacity Expansion Planning Including Development of a
Twenty-Year Long -Term Strategy Plan for System Growth, Master Agreements for Plan Implementation Services, and Master Agreements for General Consulting Services
23-737
1. Authorize the City Manager to negotiate and
execute an amendment to the Agreement for
Design Professional Services with Electrical
Consultants, Inc (ECI Agreement) for additional
services associated with the System Expansion
Plan increasing the maximum compensation to
$1,500,000 and extending the term of the
agreement until December 31, 2025, funded by the
Electric Utility Capital Fund;
2. Authorize the City Manager to negotiate and
execute amendments to the following Agreements
for Design Professional Services (Master
Agreements) for Silicon Valley Power’s System
Expansion Plan with an additional aggregate
maximum compensation of $30 million for a new
aggregate maximum compensation of $80 million
funded by the Electric Utility Capital Fund and
allocated as SVP may require, subject to the
appropriation of funds: (A) general consulting
services with; (i) Advisian Worley Group; (ii) TRC
Solutions, Inc.; (iii) Leidos Engineering LLC; (iv)
Flynn Resource Consultants, Inc.; and (v) EN
Engineering LLC; and (B) For plan implementation
services with: (i) Burns & McDonnell Engineering
Company, Inc. (formerly 1898 & Co.); (ii) TRC
Solutions, Inc.; (iii) ECI; (iv) AECOM Technical
Services, Inc.; and (v) Stantec Consulting Services
Inc
3. Authorize the City Manager to take any actions as
necessary to implement and administer the ECI
Agreement and Master Agreements and to
negotiate and execute amendments to those
agreements to (a) add or delete services consistent
with their scope of services; (b) adjust future rates;
and (c) extend their term of the agreement to
complete projects initiated during the authorized
term; and
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 2023
4. All amendments included in this authorization shall
be subject to the review and approval as to form by
the City Attorney.
3.E Action on Accepting a Grant Award from the EnergIIZE Commercial Vehicles Project to Fund Medium -Duty and
Heavy-Duty (MD/HD) Zero-emission Vehicles (ZEVs) Charging Infrastructure at the City ’s Street Corporation Yard /Utility Yard at 1715 Martin Avenue
23-136
1. Accept EnergIIZE Project grant funds for an
amount of $177,487 (EnergIIze Grant) or such
additional amount as may be awarded from the
EnergIIZE Project to fund medium-duty and
heavy-duty zero-emission vehicles charging
infrastructure at the City’s Street Corporation
Yard/Utility Yard at 1715 Martin Avenue or other
eligible locations with required matching funds
from Greenhouse Gas Reduction Funds (Fund
191); and
2. Authorize the City Manager, or designee, to
negotiate and execute an agreement (Agreement)
with CALSTART for the EnergIIze Grant and
related documents, subject to the review and
approval as to form by the City Attorney, and to
take all actions necessary to administer and
implement the EnergIIze Grant and Agreement.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 2023
3.F Action on Authorizing the Use of City Electric Forces at Various Locations
23-510
In accordance with Section 713 of the City Charter,
the City Council hereby resolves as follows:
1. Determine the proposed action is exempt from
CEQA pursuant to Sections 15302(c) (Class 2 -
Replacement or Reconstruction) and 15303 (Class
3 - New Construction or Conversion of Small
Structures) of Title 14 of the California Code of
Regulations; and
2. Declare and determine that the public works
located at 2300 Calle De Luna, 2920 Scott
Boulevard, 2330 Monroe Street, and 3941 Stevens
Creek Boulevard are better performed by the City
with its own employees based on the information
set forth in this Report to Council.
Recommendation:
3.G Action to Authorize the City Manager to Execute Agreements for Two HUD CDBG -funded Capital Improvement Projects: 1)
Santa Clara Methodist Retirement Foundation - Liberty Tower (Elevator Upgrades ); and 2) Rebuilding Together Silicon Valley (Minor Home Repair Program ); (Categorical Exemption per the California Environmental Quality Act (CEQA) section 15301 (e) (1), Existing Facilities)
23-764
1. Authorize the City Manager to execute
agreements with: 1) Santa Clara Methodist
Retirement Foundation - Liberty Tower to fund
up to $750,000 for elevator upgrades and
related work; 2) Rebuilding Together Silicon
Valley, to fund up to $100,000 for the
administration of the City’s Minor Home Repair
program subject to the availability of
Community Development Block Grant funds, on
the terms presented, in final forms approved by
the City Attorney.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 2023
3.H Action on a Special Permit to Allow up to Four Two -day Community Festivals per Year for a Period of Two Years at 1375 Lafayette Street, S.E.S. Portuguese Hall of Santa Clara 23-840
1. Determine the proposed action is categorically
exempt pursuant to CEQA Guidelines section
15304(e) (Class 4 - “Minor Alterations to
Land”); and
2. Approve the request of a Special Permit for
two years to allow up to four two-day
community festivals per year at 1375 Lafayette
Street, S.E.S Hall Portuguese Hall of Santa
Clara
subject to conditions.
Recommendation:
3.I Action to Adopt Resolution to Rescind Stage 2 of the Water Shortage Contingency Plan, While Continuing to Implement State Water Resources Control Board (SWRCB) Water Use
Restrictions
23-795
Adopt a Resolution Rescinding Stage 2 of the City’s
Water Shortage Contingency Plan While Continuing to
Implement SWRCB Water Use Restrictions.
Recommendation:
3.J Action on Deleting an Electric Program Manager Position and Adding an Electric Division Manager Position at Silicon Valley Power and Related Budget Amendment
23-873
1. Approve the addition of one Electric Division
Manager and deletion of one Electric Program
Manager position in the Electric Utility Department
funded by the Electric Utility Fund; and
2. Approve the following FY2023/24 budget
amendment in the Electric Utility Fund to increase
the Electric Department appropriation by $38,000
and reduce the Unrestricted Ending Fund Balance
by $38,000 (five affirmative Council votes
required for the use of unused balances).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 2023
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS
4. Action on a Rezone from PD - Planned Development to MH - Heavy Industrial for the Properties Located at 700 Mathew Street to Allow Reestablishment of Industrial Use for the Property for a Metal Fabrication and Spinning Business
23-747
1. Determine that the Project is categorically
exempt under Section 15301 (Class 1Existing
Facilities) of the CEQA Guidelines;
2. Adopt a resolution approving the Rezone from
Planned Development (PD) to Heavy Industrial
(MH) for the property located at 700 Mathew
Street, subject to conditions of approval.
Recommendation:
5. Action on Appointments Related to a Charter Review Committee and Direction to Study Charter Amendment Alternatives Related to the Positions of Police Chief and City Clerk for Possible Placement on a March 2024 ballot.
23-824
Alternative : Staff makes no recommendationRecommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 2023
6. Action to Approve Introduction of an Ordinance Amending the Santa Clara City Code to Create a Limited -Term Pilot Project Regulating Vending Upon Certain Public Sidewalks and
Pedestrian Paths Surrounding Levi ’s Stadium on Event Days Including the Waiver of Certain Business and Permit Fees 23-726
1. Waive first reading and approve introduction of
an ordinance amending Chapter 5.05
(Solicitors and Peddlers) and Section 9.05.165
(Activities and Conduct Prohibited in Parking
Facilities Adjacent to the Stadium or Parking
Facilities Used for Stadium Events) of the
Santa Clara City Code to Create a
Limited-Term Pilot Project Regulating Vending
Upon Certain Public Sidewalks and Pedestrian
Paths Surrounding Levi’s Stadium on Event
Days Pursuant to SB 946; and,
2. Waive fees and taxes for all required City
business licenses and permits, for qualified
sidewalk vendors operating at stadium events
during the pilot program period (September
21, 2023 through January 31, 2024) on a first
come first serve basis in an amount not to
exceed $30,000; and authorize the City
Manager to develop administrative guidelines
to implement the fee waiver program.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 2023
7. Action on a Written Petition (Council Policy 030) Submitted by Councilmember Jain to Appropriate Funds to Support the Work of the Charter Review Committee as well as Strategic Policy Analysis, Voter Research, Community Engagement and Other Related Costs Associated with Election Activities and Potential Ballot Measures in 2024
23-913
1. Alternative 1: Provide direction, and approval of a
FY 2023/24 budget amendment in the General Fund,
if appropriate, to increase the City Clerk’s Office
budget by $72,000, increase the City Manager’s
Office budget by $358,355, and decrease the FY
2023/24 Budget Balancing Reserve by $430,455 to
support strategic policy analysis, voter research,
community engagement (including support for the
Charter Review Committee) as well as related costs
for potential March and November 2024 ballot items.
(five affirmative Council votes required for the
use of unused balances).
Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Tentative Meeting Agenda Calendar (TMAC)23-922
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, August 22, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda July 18, 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.