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
4:00 PMTuesday, October 10, 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 October 10, 2023
Closed Session - 4:00 PM | Study Session - 5:30 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION
Call to Order in Council Chambers
Roll Call
1.A 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
23-1217
1.B Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 575 Pomeroy Avenue, Santa Clara, CA 95051-6131, APN: 293-09-005
City Negotiators: Jōvan D. Grogan, Cynthia Bojorquez,
Elizabeth Klotz
Negotiating Parties: Kilarney Farms Swim Center Inc.
Under Negotiation: Purchase of Real Property (provisions, price and terms)
23-1218
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)
5:30 PM STUDY SESSION
Call to Order in Council Chambers
Confirmation of Quorum of Council Attendance
Roll Call of Youth Commission
2. Joint City Council and Youth Commission Dinner Meeting23-859 7:00 PM COUNCIL REGULAR MEETING
*Open Session is to begin at 7:00 PM or shortly thereafter.
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
Call to Order in Council Chambers
Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
(October 4, 2023 and October 10, 2023)
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
3.A Proclaim October 2023 as Hindu American Awareness and Appreciation Month
23-946
3.B Proclaim October 2023 as Domestic Violence Awareness Month23-947
3.C Proclaim October 9, 2023, as Hangul Day23-1244
3.D Proclaim October 2023 as Filipino American History Month23-1245
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.]
4.A Board, Commissions and Committee Minutes23-22
Note and file the Minutes of:
Youth Commission - May 9, 2023
Parks & Recreation Commission - August 15, 2023
Senior Advisory Commission - August 28, 2023
Cultural Commission - August 7, 2023
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.B Action on Award of Contract for the Memorex and San Tomas Junction Transmission Line Extension Projects Contract No . 2449-9668 & 2442-9668 to Henkels & McKoy West funded by the Electric Utility Capital Fund
23-118
1. Award a Public Works Contract for the Memorex
and San Tomas Junction Transmission Line
Extension Projects to the lowest responsive and
responsible bidder, Henkels & McKoy West, in the
amount of $4,631,813 funded by the Electric Utility
Capital Fund, and authorize the City Manager to
execute the Public Works Contract, subject to the
review and approval as to form by the City Attorney,
and any and all documents associated with, and
necessary for the award, completion, and
acceptance of these Projects ; and
2. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $694,772, for a total not
to exceed amount of $5,326,585.
Recommendation:
4.C Action on Award of Contract for the Freedom Circle Junction Cut-In Transmission Line Extension Project Contract No. 2451 to Henkels & McCoy West funded by the Electric Utility Capital Fund
23-119
1. Award a Public Works Contract for the Freedom
Circle Junction Cut -In Transmission Line Extension
Project to the lowest responsive and responsible
bidder, Henkels and McCoy West, in the amount of
$398,860 funded by the Electric Utility Capital
Fund, and authorize the City Manager to execute
the Public Works Contract and any and all
documents associated with, and necessary for the
award, completion, and acceptance of this Project
subject to the review and approval as to form by the
City Attorney and
2. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $ 59,829, for a total
maximum compensation of $458,689.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.D Action to Amend the Community Development Department ’s Building Division Consultant Agreements for Plan Review and Inspection Services, and Approve the Related Budget
Amendment
23-1048
1) Approve and authorize the City Manager to
execute 9 plan check agreement Amendments
and 1 new plan check Agreement, in final forms
approved by the City Attorney, with an increase
in the maximum aggregate compensation of
$2,949,000 by $2,200,000 for a new revised
amount of $5,149,000, with the following firms:
· 4Leaf, Inc. Amendment No. 2
· Bureau Veritas North America, Inc.
Amendment No. 1
· CSG Consultants, Inc. Amendment No. 2
· Interwest Consulting Group, Inc. Agreement
· Jason Addison Smith Consulting Services, Inc.
(JAS Pacific) Amendment No. 2
· Plan Review Consultants, Inc. Amendment No.
5 · Shums Coda Associates, Inc. Amendment No.
6 · Synergetic Consulting Amendment No. 3
· TRB + Associates, Inc. Amendment No. 6
· West Coast Code Consultants, Inc.
Amendment No. 4; and
2) Approve the FY 2023/24 budget amendment in
the Building Development Services Fund to
increase the appropriation to the Community
Development Department by $2,200,000 and
reduce the unrestricted ending fund balance by
$2,200,000 (five affirmative Council votes
required for the use of unused balances).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.E Action on a Grant Agreement with the California Office of Traffic Safety, and Amendment No. 1 to the Agreement with Safe
Moves, Inc ., for the Safe Routes to School Program, and Related Budget Amendments
23-936
1. Authorize the City Manager to execute and
take all necessary steps to approve the Grant
Agreement between the City of Santa Clara
and the State of California Office of Traffic
Safety in the amount of $45,200 for the Safe
Routes to School Program, in a final form
approved by the City Attorney;
2. Authorize the City Manager to execute
Amendment No. 1 to the Agreement with Safe
Moves, Inc. to increase the maximum
compensation by $45,200 for a revised
not-to-exceed amount of $645,200, to provide
equipment and services in support of the Safe
Routes to School Program, in a final form
approved by the City Attorney;
3. Authorize the City Manager to make minor
modifications to both agreements and to
extend the terms, if needed, in a final form
approved by the City Attorney; and
4. Approve the FY 2023/24 budget amendment in
the Streets and Highways Capital Fund to
increase the Other Agencies Revenue
estimate by $45,200 to recognize grant funding
for the OTS grant and establish the 2023 Santa
Clara School Pedestrian and Bicycle Safety
Project in the amount of $45,200 (five
affirmative Council votes required to
appropriate additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.F Action on Amendment No. 1 to the Agreement with Real Environmental Products, LLC for Landfill Gas Collection System Repair and Maintenance Services
23-995
Approve and authorize the City Manager to execute
Amendment No. 1 to the Agreement with Real
Environmental Products, LLC to increase the
maximum compensation by $300,000 for a total
contract amount of $1,300,000 over the five-year term
for landfill gas collection system repair and
maintenance services, subject to appropriations.
Recommendation:
4.G Action on Amendment No. 5 to the Contract Between the County of Santa Clara and City of Santa Clara Congregate Meals Program
23-925
1. Approve and authorize the City Manager to execute
Amendment No. 5 to the Contract Between the
County of Santa Clara and City of Santa Clara -
Congregate Meals at the Santa Clara Senior
Center in an amount not to exceed $139,308 for FY
2023/24 for a total contract amount not to exceed
$636,818, in a final form approved by the City
Attorney; and
2. Authorize the Office of the City Manager to
negotiate and execute minor amendments to the
Agreement, in a final form approved by the City
Attorney, subject to Council appropriation of funds;
and
3. Approve the related FY 2023/24 budget
amendment in the Parks and Recreation Operating
Grant Trust Fund to increase the Other Agencies
Revenue estimate and the Senior Nutrition
Program appropriation by $14,390 (five affirmative
Council votes required to appropriate additional
revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.H Action to Accept Federal Community Project Funding for the De La Cruz, Lick Mill, Scott Boulevards Bicycle Improvements Project, and the Anna Drive Neighborhood Flood Protection Project; Authorize the City Manager to Execute All Documents Related to Accepting Federal Funding, and Approve the Related Budget Amendments
23-836
1. Accept Federal Funding Under the Community
Project Funding administered by the California
Department of Transportation and Authorize the
City Manager to Execute All Documents Related to
Accepting Federal Funding; and
2. Approve the following FY 2023/24 budget
amendments:
A. In the Streets and Highway Capital Fund,
increase the Other Agencies Revenue
estimate in the amount of $2,725,000 to
recognize Federal Community Project funding,
decrease the Pedestrian and Bicycle
Enhancement Facilities Project in the amount
of $354,000, and establish the De La Cruz,
Lick Mill, and Scott Boulevards Bicycle
Improvements Project in the amount of
$3,079,000 (five affirmative Council votes
required to appropriate additional
revenue); and
B. In the Storm Drain Capital Fund, increase the
Other Agencies Revenue estimate in the
amount of $3,000,000 to recognize Federal
Community Project funding, decrease the
Laurelwood Pump Station Rehabilitation
Project in the amount of $400,000, and
establish the Anna Drive Neighborhood Flood
Protection Project in the amount of $3,400,000
(five affirmative Council votes required to
appropriate additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.I Action on a Request for a Special Permit to Allow Outdoor Display of Goods for Sale at 2213 El Camino Real from October 11, 2023 through November 30, 2023
23-1074
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. Adopt the findings listed in the Report in
accordance with City Code Section 18.60.030
and approve the request of a Special Permit to
allow for outdoor display and sales events at
2213 El Camino Real from October 11, 2023
through November 30, 2023, subject to
conditions.
Recommendation:
4.J Resolution Increasing the Transient Occupancy Tax Rate from
11.5% to 12.5% effective January 1, 2024; and Introduction of an Ordinance Amending Section 3.25.030 of the Santa Clara City Code to Reflect the Increase in the Transient Occupancy Tax Rate
23-1075
1. Approve a resolution increasing the Transient
Occupancy Tax rate from 11.5% to 12.5% effective
January 1, 2024; and
2. Approve the introduction of an ordinance
amending section 3.25.030 of the Santa Clara City
Code to reflect the increase in the Transient
Occupancy Tax rate.
Recommendation:
4.K Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2024
23-1140
Set the 2024 calendar year Council and Authorities
Concurrent and Stadium Authority as reflected on the
attached calendar.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
4.L Action on Silicon Valley Power ’s Updated Sponsorship List of Annual Events and Activities and Continued Delegation of Authority to City Manager to Approve Additional Sponsorships of up to $10,000
23-1167
1. Approve Silicon Valley Power’s annual sponsorship
support of the events and activities listed in
Attachment 1; and
2. Authorize the City Manager to approve additional
sponsorships of up to $10,000 per event through
the execution of the Silicon Valley Power
Sponsorship Application in substantially the form
set forth in Attachment 2.
Recommendation:
4.M Action on Amendments to Council Policy 035 (“Naming of Facilities”) as recommended by the Governance and Ethics Committee
23-637
Adopt a Resolution amending Council Policy 035 on
Naming of Facilities.
Recommendation:
4.N Note and file the 2023 Report on Flood Insurance Coverage Assessment
23-752
Note and file the Report on Flood Insurance Coverage
Assessment.
Recommendation:
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
5. Informational Presentation by the Cities Association of Santa Clara County on a Proposed Joint Powers Agreement to
Establish the Cities Association of Santa Clara County Joint Powers Agency
23-1269
Receive the Cities Association of Santa Clara
County’s presentation; and discuss and provide
feedback on the proposed Joint Powers Agreement
to establish the Cities Association of Santa Clara
County Joint Powers Agency.
Recommendation:
6. Continuance Until October 24, 2023 of the Public Hearing Scheduled for a Tentative Parcel Map, Rezone, and
Architectural Review to Add a Second -Story Accessory Dwelling Unit and Create Two Separate Lots Each with an Existing Residence and a New Detached Garage on the Property
Located at 1365 Main Street and 1070 Lewis Street
23-1251
Open the Public Hearing and then immediately
continue this Public Hearing item to the October 24,
2023 City Council meeting.
Recommendation:
7. Public Hearing: Action on a Rezone to Planned Development and Architectural Review for a First- and Second -Story Addition to a Single-Family Residence at 1485 Bellomy Street
23-1090
1. Determine the project to be categorically
exempt from CEQA under Class 1(e)(2)
(Existing Facilities).
2. Adopt a resolution to approve a Rezone from
PD - Planned Development to PD to allow a
615 square foot first-floor addition and 1,008
square foot second-floor addition at 1485
Bellomy Street, subject to conditions of
approval.
3. Adopt a resolution to approve an Architectural
Review of the proposed first- and second-story
addition at 1485 Bellomy Street, subject to
conditions of approval.
Recommendation:
8. Silicon Valley Power Quarterly Update23-1159
Note and file the Silicon Valley Power Quarterly
Update.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 2023
9. Action Authorizing the City Manager to Negotiate and Execute an Agreement with HD Hyundai Electric America Corporation for the Purchase of Up to Twelve (12) High Voltage Transformers to be Funded by the Electric Utility Capital Fund
23-122
Authorize the City Manager to:
1. Determine that the proposed actions are exempt
from CEQA pursuant to Section 15061 (b)(3) of
Title 14 of the California Code of Regulations;
2. Negotiate and execute an agreement with HD
Hyundai Electric America Corporation (Agreement)
for the manufacture and delivery of up to twelve (12)
High Voltage Transformers including delivery,
installation, and related services for a not to exceed
amount of $81,392,908 funded by the Electric Utility
Capital Fund inclusive of delivery, installation,
commissioning, a five-year warranty, and all
applicable sales taxes, subject to the review and
approval as to form by the City Attorney; and
3. Authorize the City Manager to take any actions as
necessary to implement and administer the
Agreement and negotiate and execute
amendments to the Agreement (a) extend the term
or schedule of performance; and (b) increase the
maximum compensation by $8,100,000 for design
changes and any unanticipated issues that may
arise during production or commissioning of the
transformers, subject to the appropriation of funds
and the review and approval as to form by City
Attorney.
Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, October 24, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda October 10, 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.