City of Santa Clara
Minutes
Council and Authorities Concurrent Meeting
Call and Notice of Special Meeting
Santa Clara Stadium Authority
4:30 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
08/29/2023
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 Santa 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 may contact the Office of the City Clerk at (408) 615-2220 or [email protected].
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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 August 29, 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
Mayor/Chair Gillmor called the meeting to order at 4:36 p.m.
Council/Boardmember Watanabe stated she is participating in the meeting via teleconference using the AB 2449 provision due to a family emergency.
A motion was made by Council/Boardmember Hardy, seconded by Council/Boardmember Becker, to allow Council/Boardmember Watanabe to participate in the Council/Board meeting via teleconference using the AB 2449 emergency provision.
Council/Boardmember Chahal, Council/Boardmember Hardy,
Vice Mayor/Chair Park, Council/Boardmember Jain, Council/ Boardmember Becker, and Mayor/Chair Gillmor
Aye: 6 -
Abstained: 1 - Council /Boardmember Watanabe
1.A 23-934 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8
Property: 5201 Great America Parkway, Santa Clara, California 95054 (APN: 104-55-013, 104-55-016)
City Negotiators: Jōvan D. Grogan, Ruth Shikada, Glen Googins, Elizabeth Klotz
Negotiating Parties: City of Santa Clara and Hudson Pacific Properties Under Negotiation: Purchase of Real Property interest(s), price and terms of payment
Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Karen Hardy, Vice Mayor/Chair Kevin Park, Council/Boardmember Suds Jain, Council/Boardmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor
Present: 7 -
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1.B 23-1028 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jōvan Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen Googins
Employee Organization(s):
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #9A-Unclassified Police Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees Association) Public Comment
There were none.
Convene to Closed Session (Council Conference Room)
Mayor/Chair Gillmor convened the meeting into Closed Session at 4:36 p.m. 7:00 PM COUNCIL/SPECIAL STADIUM AUTHORITY REGULAR MEETING Call to Order
Mayor/Chair Gillmor called the Regular meeting to order at 7:00 p.m.
Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.
Council/Boardmember Jain recited the Statement of Values.
Assistant City Clerk/Secretary Pimentel recited the AB23 announcement and Statement of Behavioral Standards.
Assistant City Clerk/Secretary Pimentel also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.
Assistant City Clerk/Secretary Pimentel announced that
Council/Boardmember Watanabe would be participating remotely under the provision of AB2449 due to a family emergency.
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
City Attorney Googins stated there were no reportable actions.
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CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
There were none.
SPECIAL ORDER OF BUSINESS
2.C 23-1039 Proclaim Beyoncé Knowles-Carter as Honorary Mayor for Ceremonial Purposes Only on August 30, 2023 and Presentation of Key to the City of Santa Clara (Ceremonial Vote)
Mayor Gillmor proclaimed Beyonce Knowles-Carter as Honorary Mayor of Santa Clara on August 30, 2023 and presented the ceremonial key to the City of Santa Clara.
A represented from Assemblymember Low's office presented a State Proclamation to Beyonce Knowles-Carter.
Dr. Yvette Noel-Schure, Chief Communications Officer and Co-Founder of Schure Media Group, accepted the proclamation and key to the City of Santa Clara and the State Proclamation on behalf of Beyonce Knowles- Carter.
A motion was made by Vice Mayor Park, seconded by
Councilmember Becker, to proclaim Beyonce Knowles-Carter as Honorary Mayor of Santa Clara on August 30, 2023 and present her with the key to the City of Santa Clara.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
2.B 23-1042
2.A 23-277
Proclaim August 24, 2023 as Ukrainian Independence Day
Consul General of Ukraine Dmytro Kushneruk and Iryna Smovzh, President of Branch 107 of the Ukrainian National Women’s League of America, accepted the proclamation and made comments.
Proclamation of September 2023 as Community Preparedness Month Mayor Gillmor proclaimed September as Community Preparedness Month.
City Manager Grogan accepted the proclamation and made a few comments.
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CONSENT CALENDAR
Councilmember Jain recused himself from Item 3H due to a potential conflict of interest due to him owning Tesla stock.
Councilmember Chahal recused himself from Item 3H due to a potential conflict of interest due to his home being within 1,000 feet of the project.
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, Vice Mayor/Chair Park, Council/Boardmember Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
7 -
3.A 23-19 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Parks & Recreation Commission - July 18, 2023
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to note and file the minutes of the July 18, 2023 Parks and Recreation Commission.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
3.B 23-822
Action on Monthly Financial Status Report for May 2023 and Monthly Investment Reports for May and June 2023 and Approve Related Budget Amendment
Recommendation:
Note and file the Monthly Financial Status Report for May 2023 and Monthly Investment Reports for May and June 2023 as presented and Approve the Related Budget Amendment (five affirmative Council votes required for the use of unused balances).
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to note and file the Monthly Financial Status Report for May 2023 and Monthly Investment REports for May and June 2023 as presented and approve the related budget
amendment.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.C 23-848 Action on Amendment No. 2 to the Master Product and Services Agreement with Hexagon Safety & Infrastructure to Extend the Computer Aided Dispatch System Contract Term to November 30, 2024 at No Additional Cost
Recommendation:
Approve and authorize the City Manager to execute Amendment No. 2 to the Master Product and Services Agreement with Hexagon Safety & Infrastructure dated October 12, 2017 to extend the contract term at no additional cost in a final form approved by the City Attorney.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to approve and authorize the City Manager to execute Amendment No. 2 to the Master Product and Services Agreement with Hexagon Safety & Infrastructure dated October 12, 2017 to extend the contract term at no additional cost in a final form approved by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
3.D 23-116
Action Authorizing the City Manager to Execute Amendment No. 2 to the Agreement with Nalco Company LLC for Water Treatment Services for Silicon Valley Power at Power Plants and to Extend the Term Through December 31, 2023, With No Change to the Maximum Compensation Recommendation:
1. Authorize the City Manager to execute Amendment No. 2 to the Agreement for the Performance of Services with Nalco Company, LLC for water treatment services for Silicon Valley Power at power plants and to extend the term through December 31, 2023, with no change to the maximum compensation of $900,000; and
2. Authorize the City
Manager to make minor changes to the attached
proposed amendment subject to review and approval as to form by the City Attorney.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to authorize the City Manager to execute Amendment No. 2 to the agreement for the Performance of Services with Nalco Company, LLC for water treatment services for Silicon Valley Power at power plants and to extend the term through December 31, 2023, with no change to the maximum compensation of $900,000 and authorize the City Manager to make minor changes to the attached proposed amendment subject to review and approval as to form by the City Attorney.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
3.E 23-109
Action on Amendment No. 4 to the Silicon Valley Power Agreement with Advanced Chemical Transport, Inc. to Increase the Maximum Compensation by $340,000 for a Revised Maximum Compensation Amount of $2,140,000 to Cover Outstanding Invoices to be Funded by the Electric Utility Operating Budget - Compliance
Recommendation:
1. Authorize the City Manager to execute Amendment No. 4 to the Agreement for Services with Advanced Chemical Transport, Inc., increasing the maximum compensation by $340,000 for a new maximum compensation of $2,140,000; and
2. Authorize the City Manager to make minor changes to the proposed Amendment No. 4, subject to the review and approval as to form by the City Attorney.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to authorize the City Manager to execute Amendment No. 4 to the Agreement for Services with Advanced Chemical Transport, Inc., increasing the maximum compensation by $340,000 for a new maximum compensation of $2,140,000; and to authorize the City Manager to make minor changes to the proposed Amendment No. 4, subject to the review and approval as to form by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.F 23-111 Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at Various Locations
Recommendation: 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 in accordance with Section 1310 of the City Charter that the public works located at Serra Tank Farm & SCVWD (W&S SCADA) and Northside Tank & Import#2 (W&S SCADA) are better performed by the City with its own employees based on the information set forth in this Report to Council.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to 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 to declare and determine in accordance with Section 1310 of the City Charter that the public works located at Serra Tank Farm & SCVWD (W&S SCADA) and Northside Tank & Import#2 (W&S SCADA) are better performed by the City with its own employees based on the information set forth in this Report to Council.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.G 23-114 Action Authorizing the Use of City Electric Forces at Various Locations Recommendation:
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 in accordance with Section 1310 of the City Charter that the public works located at 3175 De La Cruz Boulevard, 3060 Raymond Street and 3402 El Camino Real are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to 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 to declare and determine in accordance with Section 1310 of the City Charter that the public works located at 3175 De La Cruz Boulevard, 3060 Raymond Street and 3402 El Camino Real are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.H 23-115 Action on a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Silicon Valley Power Kifer Battery Energy Storage System Project and Action to Delegate Authority to the City Manager to Negotiate and Execute an Interconnection Agreement with Kifer Energy Storage, LLC
Recommendation:
1. Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Kifer Battery Energy Storage System Project;
2. Authorize City Manager to negotiate, approve, and execute an Interconnection Agreement for Generating or Storage Facilities with Kifer Energy Storage, LLC, based on the draft attached hereto and any necessary or advisable amendments, subject to the review and approval as to form by the City Attorney; and
3. Authorize City Manager, or designee, to take any necessary or advisable actions to implement and administer the Interconnection Agreement with Kifer Energy Storage, LLC.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adopt Resolution 23-9253 adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Kifer Battery Energy Storage System Project; to authorize City Manager to negotiate, approve, and execute an Interconnection Agreement for Generating or Storage Facilities with Kifer Energy Storage, LLC, based on the draft attached hereto and any necessary or advisable amendments, subject to the review and approval as to form by the City Attorney; and to authorize City Manager, or designee, to take any necessary or advisable actions to implement and administer the
Interconnection Agreement with Kifer Energy Storage, LLC.
Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Becker, and Mayor Gillmor
5 -
Recused: Councilmember Chahal, and Councilmember Jain2 -
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3.I 23-887 Action on a Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021 Pursuant to CalPERS Request
Recommendation:
Adopt a Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, A motion was made by Councilmember Becker, seconded by Councilmember Hardy, to adopt Resolution 23-
9254 memorializing the historical calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2020 to 2021 pursuant to CalPERS request.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
3.J 23-917
Adopt a Resolution Accepting the California Department of Alcoholic Beverage Control Grant and Authorizing the City Manager to Execute Grant Related Documents, and Approve the Related Budget Amendment Recommendation:
1. Adopt the Resolution accepting the California Department of Alcoholic Beverage Control Grant to be utilized to fund a variety of overtime assignments to curb alcohol-related challenges in our community, and authorizing the City Manager to execute all grant-related documents; and
2. Approve the FY 2023/24 budget amendment in the Police Operating Grant Trust Fund to recognize grant funding in the amount of $75,068 and establish an Alcohol Policing Grant Partnership Grant appropriation in the amount of $75,068 (five affirmative Council votes required to appropriate additional revenue)
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adopt Resolution 23-9255 accepting the California Department of Alcoholic Beverage Control Grant to be utilized to fund a variety of overtime assignments to curb alcohol-related challenges in our community, and authorizing the City Manager to execute all grant-related documents; and to approve the FY 2023/24 budget amendment in the Police Operating Grant Trust Fund to recognize grant funding in the amount of $75,068 and establish an Alcohol Policing Grant Partnership Grant appropriation in the amount of $75,068.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
3.K 23-919
Action on a Request for a Special Permit to Allow for Seasonal Pumpkin Patch and Christmas Tree Sales Events at 2610 El Camino Real from September 16, 2023 through December 24, 2023
Recommendation:
1. Determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and
2. Approve the request of a Special Permit to allow for seasonal Pumpkin Patch and Christmas Tree sales events at 2610 El Camino Real from September 16, 2023 through December 24, 2023, subject to conditions.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and to approve the request of a Special Permit to allow for seasonal Pumpkin Patch and Christmas Tree sales events at 2610 El Camino Real from September 16, 2023 through December 24, 2023, subject to conditions.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.L 23-960 Action on a Request for a Special Permit to Allow Seasonal Pumpkin Patch and Christmas Tree Sales Events at 3590 Benton Street from October 1, 2023 through December 24, 2023
Recommendation:
1. Determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and
2. Approve the request of a Special Permit to allow for a seasonal Pumpkin Patch and Christmas Tree sales events at 3590 Benton Street from October 1, 2023 through December 24, 2023, subject to conditions.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and to approve the request of a Special Permit to allow for a seasonal Pumpkin Patch and Christmas Tree sales events at 3590 Benton Street from October 1, 2023 through December 24, 2023, subject to conditions.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.M 23-1002 Action to Unfreeze 1.0 Assistant City Manager position (Position 1685) in the City Manager’s Office, Approve Related City and Stadium Authority Budget Amendments, and Modify the Assistant City Manager Classification Specification (Job Code 016)
Recommendation:
1. Approve Unfreezing 1.0 Assistant City Manager position (position 1685) in the City Manager’s Office.
2. Approve the following FY 2023/24 City Budget Amendments:
a. In the General Fund, increase the Other Fees for Services estimate by $347,900, increase the Non-Departmental Salaries and Benefits appropriations by $347,900, increase the City Manager’s Office Salaries and Benefits appropriations by $49,700, and reduce the Budget Balancing Reserve in the amount of $49,700 (five affirmative Council votes required to appropriate additional revenue and for the use of unused balances); and
b. In the Convention Center Enterprise Fund, increase the Salaries and Benefits appropriations by $99,400 and reduce the unrestricted ending fund balance by $99,400 (five affirmative Council votes required for the use of unused balances).
3. Approve a FY 2023/24 Stadium Authority Budget Amendment to increase the General & Administrative expense and decrease the Unrestricted Fund Balance in the amount of $347,900 to fund a portion of the Assistant City Manager position.
4. Approve the modified Assistant City Manager (Job Code 016) classification specification.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to approve unfreezing 1.0 Assistant City Manager position (position 1685) in the City Manager’s Office; to approve the following FY 2023/24 City Budget Amendments: a) in the General Fund, increase the other fees for services estimate by $347,900, increase the non-departmental salaries and benefits appropriations by $347,900, increase the City Manager’s Office salaries and benefits appropriations by $49,700, and reduce the Budget Balancing Reserve in the amount of $49,700 (five affirmative Council votes required to appropriate additional revenue and for the use of unused balances); and b) in the Convention Center Enterprise Fund, increase the salaries and benefits appropriations by $99,400 and reduce the unrestricted ending fund balance by $99,400 (five affirmative Council votes required for the use of unused balances); to approve a FY 2023/24 Stadium Authority Budget Amendment to increase the general & administrative expense and decrease the Unrestricted Fund Balance in the amount of $347,900 to fund a portion of the Assistant City Manager position; and to approve the modified Assistant City Manager (Job Code 016)
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classification specification.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
4.A 23-798 Informational Report on Stadium Authority and Stadium Manager Meetings for the Period of April 1 to June 30, 2023
Recommendation:
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding summaries for the period of April 1 to June 30, 2023.
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding summaries for the period of April 1 to June 30, 2023.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor
7 -
4.B 23-996 Action on Stadium Manager’s Request to Award Purchase Order to LRG Technologies, Inc. DBA Mobile Pro Systems for Mobile Pro Falcon 3100 Trailers (Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers CapEx Project)
Recommendation:
Approve the Stadium Manager’s request to award a one-time purchase order to Mobile Pro in the amount of $389,982 to purchase six Mobile Pro Falcon 3100 trailers (Mobile Security CCTV Pop Up Trailers CapEx Project).
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve the Stadium Manager’s request to award a one-time purchase order to Mobile Pro in the amount of $389,982 to purchase six Mobile Pro Falcon 3100 trailers (Mobile Security CCTV Pop Up Trailers CapEx Project).
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor
7 -
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PUBLIC PRESENTATIONS
Howard Gibbins thanked the Cultural Commission for the events they set up in the City and spoke about illegal vending at Levi’s Stadium.
John Stremel spoke about his charity called To Get Acquainted (TGA) which organizes dances for seniors and requested that the Council to extend the Senior Center hours on Tuesdays for two additional hours.
CONSENT ITEMS PULLED FOR DISCUSSION
There were none.
PUBLIC HEARING/GENERAL BUSINESS
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5. 23-924 Public Hearing: Actions on a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), General Plan Amendment from Neighborhood Mixed-Use to Very High Density Residential, and a Rezone from Neighborhood Commercial to Planned Development to Allow the Development of a Four-Story Mixed-Use Development with 39 Residential Housing Units, and 1,500 Square Feet of Ground Floor Commercial Space for the Property Located at 2655 The Alameda
Recommendation:
Alternatives: 1, 2, and 3.
1. Adopt a resolution to adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the 2655 The Alameda Mixed Use Project.
2. Adopt a resolution to approve a General Plan Amendment from Neighborhood Mixed Use to Very High Density Residential.
3. Adopt a resolution to approve a Rezone from Neighborhood Commercial (CN) to Planned Development (PD).
Community Development Director Crabtree provided a PowerPoint presentation on the 2655 The Alameda Mixed Use Project.
Council questions and comments followed.
Councilemember Jain disclosed having met with the applicant.
Community Development Director Crabtree responded to Council questions.
Applicant Kapital Alameda, LLC provided a PowerPoint presentation.
Public Comment:
Mark Kelsey
Shreya Chokshi
Adam Thompson
Betsy Megas
A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to close the Public Hearing.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adopt Resolution 23-9256 to adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the 2655 The Alameda Mixed Use Project; to adopt Resolution 23-9257 to approve a General Plan Amendment from Neighborhood Mixed Use to Very High Density Residential; to adopt Resolution 23-9258 to approve a Rezone from Neighborhood Commercial (CN) to Planned Development (PD).
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Nay: Vice Mayor Park1 -
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6. 23-767 Action on Resolutions Approving an Installment Sale Financing and Authorizing the Execution, Delivery and Sale of Wastewater Revenue Certificates of Participation and related Agreements in a Principal Amount not to Exceed $38 million to Finance and Refinance Capital Costs of the San José-Santa Clara Regional Wastewater Facility; and Approval of the Related Budget Amendment
Recommendation:
Alternative 1
City Council Actions
1. That the City Council by Resolution:
a) Authorize the financing and refinancing plan for capital costs of the San José-Santa Clara Regional Wastewater Facility set forth in the Resolution;
b) Authorize and approve (i) the Installment Sale Agreement between the City and the Corporation; (ii) the Trust Agreement among the City, Corporation, and the Trustee, in substantially the form attached hereto;
c) Approve the execution and delivery of the Certificates, subject to the maximum principal amount, true interest cost and underwriting discount set forth in the Resolution;
d) Approve the sale of the Certificates by competitive sale pursuant to the Official Notice of Sale relating to the Certificates in substantially attached hereto, or, by negotiated sale pursuant to the Purchase Contract in substantially the form attached hereto; e) Approve the Preliminary Official Statement, in substantially the form attached hereto, with such changes as may be approved by an authorized officer, and approve the execution and delivery of the Continuing Disclosure Certificate in the form attached as an appendix to the Preliminary Official Statement;
f) Authorize the designated authorized officers to execute all required agreements necessary to consummate any of the
transactions contemplated by the agreements and documents approved under the Resolution and to make any minor
non-substantive or routine changes to complete the financing transaction; and
g) Authorize certain other related actions in support of or related to the financing set forth in the Resolution;
2. That the City Council by Separate Resolution: Authorize and approve the Amendment to the Trimble Road Installment Sale Agreement between the City and the Corporation in substantially the form attached hereto with such changes as may be approved by an authorized officer; and
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3. That the City Council by Motion: (a) Approve the FY 2023/24 budget amendment in the Sewer Utility Debt Service Fund to increase the bond proceeds estimate in the amount of $5,000,000, decrease the debt repayment in the amount of $1,506,135, and increase the unrestricted ending fund balance in the amount of $6,506,135; and (b) Require any and all of the above agreements approved by resolution be subject to the review and approval as to form by the City Attorney.
City of Santa Clara Public Facilities Financing Corporation Actions
1. That the City Council, Acting as Board of Directors of the Corporation, by Resolution:
a) Authorize the financing and refinancing plan for capital costs of the San José-Santa Clara Regional Wastewater Facility as set forth in the Resolution;
b) Authorize and approve (i) the Installment Sale Agreement between the City and the Corporation; (ii) the Trust Agreement among the City, Corporation, and the Trustee, in substantially the form attached hereto;
c) Approve the execution and delivery of the Certificates, subject to the maximum principal amount, true interest cost and underwriting discount set forth in the Resolution;
d) Authorize the designated authorized officers to execute all required agreements necessary to consummate any of the
transactions contemplated by the agreements and documents approved under the Resolution and to make any minor
non-substantive or routine changes to complete the financing transaction; and
e) Authorize certain other related actions consistent with the financing as set forth in the Corporation’s Authorizing Resolution;
2. That the City Council, Acting as Board of Directors of the Corporation, by Separate Resolution authorize and approve the Amendment to the Trimble Road Installment Sale Agreement between the City and the Corporation in substantially the form attached hereto with such changes as may be approved by an authorized officer; and
3. That the City Council, Acting as Board of Directors of the Corporation, by Motion require any and all of the above agreements approved by resolution be subject to the review and approval as to form by the City Attorney.
This item is a joint City Council and Public Facilities Financing
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Corporation agenda item.
Water and Sewer Director Welling and Bond Legal Counsel Scott Ferguson from Jones Hall gave a Powerpoint presentation on the approval of the installment sale financing Certificates of Participation (COPs) for the Regional Wastewater Facility capital costs.
Council comments and questions followed.
Water and Sewer Director Welling responded to Council questions Public Comment:
Linda
Edward Strine
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adopt City Council Resolution 23-9259 to:
a) Authorize the financing and refinancing plan for capital costs of the San José-Santa Clara Regional Wastewater Facility set forth in the Resolution; b) Authorize and approve (i) the Installment Sale Agreement between the City and the Corporation; (ii) the Trust Agreement among the City, Corporation, and the Trustee, in substantially the form attached hereto; c) Approve the execution and delivery of the Certificates, subject to the maximum principal amount, true interest cost and underwriting discount set forth in the Resolution; d) Approve the sale of the Certificates by competitive sale pursuant to the Official Notice of Sale relating to the Certificates in substantially attached hereto, or, by negotiated sale pursuant to the Purchase Contract in substantially the form attached hereto; e) Approve the Preliminary Official Statement, in substantially the form attached hereto, with such changes as may be approved by an authorized officer, and approve the execution and delivery of the Continuing Disclosure Certificate in the form attached as an appendix to the Preliminary Official Statement; f) Authorize the designated authorized officers to execute all required agreements
necessary to consummate any of the transactions contemplated by the agreements and documents approved under the Resolution and to make any minor non-substantive or routine changes to complete the financing transaction; and g) Authorize certain other related actions in support of or related to the financing set forth in the Resolution; and to adopt Resolution 23-9260 to authorize and approve the amendment to the Trimble Road Installment Sale Agreement between the City and the Corporation in substantially
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the form attached hereto with such changes as may be approved by an authorized officer; and to: (a) approve the FY 2023/24 budget amendment in the Sewer Utility Debt Service Fund to increase the bond proceeds estimate in the amount of $5,000,000, decrease the debt repayment in the amount of $1,506,135, and increase the unrestricted ending fund balance in the amount of $6,506,135; and (b) require any and all of the above agreements approved by resolution be subject to the review and approval as to form by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
A motion was made by Public Facilities Financing Corporation (PFFC) Director Hardy, seconded by PFFC Director Becker, to: 1. adopt Public Facilities Financing Corporation Resolution 23-02; a) authorizing the financing and refinancing plan for capital costs of the San José-Santa Clara Regional Wastewater Facility as set forth in the Resolution; b) authorizing and approving (i) the Installment Sale Agreement between the City and the Corporation; (ii) the Trust Agreement among the City, Corporation, and the Trustee, in substantially the form attached hereto; c) approving the execution and delivery of the Certificates, subject to the maximum principal amount, true interest cost and underwriting discount set forth in the Resolution; d) authorizing the designated authorized officers to execute all required agreements necessary to consummate any of the transactions contemplated by the agreements and documents approved under the Resolution and to make any minor
non-substantive or routine changes to complete the financing transaction; and e) authorizing certain other related actions consistent with the financing as set forth in the Corporation’s Authorizing Resolution; 2. to adopt Resolution 23-03 authorizing and approving the Amendment to the Trimble Road Installment Sale Agreement between the City and the Corporation in substantially the form attached hereto with such changes as may be approved by an authorized officer; and 3. require any and all of the above agreements approved by resolution be subject to the review and approval as to form by the City Attorney.
Aye: PFFC Director Watanabe, PFFC Director Chahal, PFFC Director Hardy, PFFC Vice President Park, PFFC Director Jain, PFFC Director Becker, and PFFC President Gillmor
7 -
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7. 23-1072 Action on Appointment of a Primary Member and an Alternate Member to the Stevens Creek Corridor Steering Committee - Deferred from August 22, 2023
Recommendation:
Council take action to appoint a primary member and an alternate member to the Stevens Creek Corridor Steering Committee.
Public Works Assistant Director Liw provided a verbal update on the appointing a primary and alternate member to the Stevens Creek Corridor Steering Committee.
A motion was made by Councilmember Watanabe to appoint Gillmor as the primary member to the Stevens Creek Corridor Steering Committee and appoint Councilmember Becker as the alternative.
The motion died for a lack of second.
Councilmember Becker questioned if there would be a conflict of interest with him being on the Stevens Creek Corridor Steering Committee since his residence is within the 1,000 of the Committee's jurisdiction. City Attorney Googins responded that there should not be a conflict but will provide a definite answer after doing research.
A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to appoint Councilmember Becker as the primary member to the Stevens Creek Corridor Steering Committee and upon determination there is a conflict with Councilmember Becker's appointment, appoint Mayor Gillmor as the alternate.
A substitute motion was made by Councilmember Watanabe to appoint Mayor Gillmor to the Stevens Creek Corridor Steering Committee. The substitute motion died due to a lack of second.
A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to appoint Councilmember Becker as the primary member to the Stevens Creek Corridor Steering Committee and upon determination there is a conflict with Councilmember Becker's appointment, appoint Mayor Gillmor as the alternate.
Aye: Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Nay: Councilmember Watanabe, and Mayor Gillmor2 -
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8. 23-897 Direction to Staff on the Revised El Camino Real Specific Plan Land Use Plan
Recommendation: 1. Direct staff to continue planning work with the draft Land Use Plan as proposed.
City Manager Grogan introduced the agenda item.
Community Development Director Crabtree gave a PowerPoint presentation on the revised El Camino Real Specific Plan Land Use plan.
Council comments and questions followed.
Community Development Director Crabtree responded to Council questions.
Public Comment:
Nels DeLander
Rene Baez
Jeff Houston
Edward Strine
A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to direct staff to continue planning work with the draft Land Use Plan and to study reducing the density to 4,400 units from the 6,500 units, maintain high density and economic analysis, and consider 30 degree shading but not required and consider adding language for use of apprentices similar to Patrick Henry Specific Plan.
Aye: Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -
Nay: Councilmember Watanabe, and Councilmember Chahal2 -
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9. 23-856 Action on Membership for the El Camino Real Specific Plan Community Advisory Committee
Recommendation: 1. Direct staff to continue with the current CAC.
City Manager Grogan introduced the agenda item.
Community Development Director Crabtree gave a Powerpoint presentation on the membership for the El Camino Real Specific Plan Community Advisory Committee.
Public Comment:
Adam Thompson
A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to add another member from the
Chamber of Commerce to the El Camino Specific Plan Community Advisory Committee.
Aye: Councilmember Watanabe, Councilmember Hardy, and Mayor Gillmor3 - Nay: Councilmember Chahal, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
4 -
A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to keep the current members of the El Camino Specific Plan Community Advisory Committee.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Mayor Gillmor 6 -
Nay: Councilmember Becker1 -
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Councilmember Jain reported that he attended second ribbon cutting for Covenant House today.
Councilmember Becker provided a recap on the Taylor Swift concert he attended on July 29.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
There was none.
ADJOURNMENT
A motion was made by Councilmember Becker, seconded by Vice Mayor Park, to adjourn the meeting at 12:36 a.m.
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Aye: Council/Boardmember Watanabe, Council/Boardmember
Chahal, Council/Boardmember Hardy, Vice Mayor/Chair Park, Council/Boardmember Jain, Council/Boardmember Becker,
and Mayor/Chair Gillmor
7 -
The next regular scheduled meeting is on Tuesday, September 12, 2023 in the City Hall Council Chambers.