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, October 24, 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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NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
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].
Closed Session - 4:30 PM | Study Session - 5:00 PM | Joint Meeting - 7:00 PM 4:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1. Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jovan D. Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen R. Googins
Employee Organization(s):
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #10-Public Safety Non-Sworn Employees Association
23-1306
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)
5:00 PM STUDY SESSION
Call to Order in the Council Chambers
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
2. Study Session: Overview of Unfunded Needs, Presentation of Revenue Measure Options and Work Plan for November 2024 Ballot Consideration
23-1259
Note and file Study Session report. Provide feedback
on proposed Work Plan for the development of
potential revenue measures for the November 2024
ballot
Recommendation:
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING *Open Session to begin at 7:00 PM or shortly thereafter.
Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
3.A Proclamation of October 2023 as Community Planning Month23-982
3.B Proclaim October 2023 as Cybersecurity Awareness Month23-1070
3.C Proclaim October 2023 as Breast Cancer Awareness Month23-948
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 Minutes23-23
Note and file the Minutes of:
Governance & Ethics Committee - June 5, 2023
Charter Review Committee - August 10, 2023
Charter Review Committee - August 24, 2023
Planning Commission - April 12, 2023
Planning Commission - September 20, 2023
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
4.B Action on City Bills and Claims Report for the period August 12, 2023 - September 22, 2023
23-1113
Approve the list of Bills and Claims for August 12,
2023 - September 22, 2023.
Recommendation:
4.C Action on Monthly Financial Status and Investment Reports for July and August 2023 and Approve the Related Budget
Amendments
23-1060
1. Note and file the Monthly Financial Status Reports
and Monthly Investment Reports for July 2023 and
August 2023 as presented; and
2. Approve the FY 2023/24 Budget Amendments in
the General Fund, the Electric Utility Capital Fund,
and the Parks and Recreation Capital Fund to
recognize and appropriate developer contributions
in the amount of $3,600 in the General Fund and
$519,612 in the Electric Utility Capital Fund and to
adjust the funding source for the Central Park
Master Plan - Aquatic Center Planning and Design
project from the Parks and Recreation Capital Fund
to the General Fund Capital Project Reserve in the
amount of $241,000, as detailed in Attachment 5
(five affirmative Council votes required to
appropriate additional revenue and for the use
of unused balances).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
4.D Action on the Approval and Acceptance of $ 17,289 in FY 23 Edward Byrne Memorial Justice Assistance Grant Funding to be Used for the Purchase of Front Line Law Enforcement
Equipment and Related Budget Amendment
23-1222
1. Accept and approve the FY 23 Edward Byrne
Memorial Justice Assistance Grant funding of
$17,289;
2. Approve the related FY 2023/24 budget
amendment in the Police Operating Grant Trust
Fund to recognize grant revenue in the amount of
$17,289 and establish an Edward Byrne Memorial
Justice Assistance Grant Program 2023
appropriation in the amount of $17,289 (five
affirmative Council votes required to
appropriate additional revenue);
3. Authorize the City Manager, Finance Director and
Senior Management Analyst to sign grant-related
documents; and,
4. Authorize the City Manager to execute purchase
order(s), subject to the appropriation of funds, to
purchase the front line law enforcement equipment
described in the staff report.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
4.E Action on a Resolution Authorizing the Execution and Recording of a Termination Agreement of the Site Lease, Lease Agreement and Assignment Agreement for the property located at 601 El Camino Real (Police Administration Building)
23-1024
1. That the City Council approve a Resolution
authorizing the City Manager to execute the
Termination Agreement and Certificate of
Acceptance and all necessary documents related
to the Site Lease, Lease Agreement and
Assignment Agreement, and authorize the
recording of the required documents.
2. That the City Council, acting as the Board of
Directors of the City of Santa Clara Public Facilities
Financing Corporation, Approve a Resolution
authorizing the Executive Director to execute the
Termination Agreement and Certificate of
Acceptance and all necessary documents related
to the Site Lease, Lease Agreement and
Assignment Agreement, and authorize the
recording of the required documents.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
4.F Authorize the City Manager to Execute a Small Generator Interconnection Agreement and Related Affidavit for the Grizzly Powerhouse, Silicon Valley Power ’s Hydroelectric Resource Located in Plumas County, California, With the California Independent System Operator (CAISO) and Pacific Gas &
Electric (PG&E)
23-1261
1. Authorize the City Manager to negotiate, approve,
and execute a Small Generator Interconnection
Agreement (SGIA) for Grizzly Powerhouse with the
California Independent System Operator (CAISO)
and Pacific Gas and Electric (PG&E), based on the
pro forma SGIA attached hereto and any necessary
or advisable amendments as may be required to
maintain compliance and consistency with the
CAISO Tariff and the GDMSA, subject to the review
and approval as to form by the City Attorney; and
2. Authorize City Manager, or designee, to approve
and execute related documents and take any
necessary or advisable actions to implement and
administer the SGIA with CAISO and PG&E,
including executing a CAISO-required affidavit
regarding the electrical characteristics of the Grizzly Powerhouse.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
4.G Action on Award of Contract for the Storm Drain Slide Gate Rehabilitation to GSW Construction, Inc.
23-847
1. Determine the project to be exempt from CEQA
under Public Resources Code Section 15301
(Class 1 Categorical Exemption).
2. Award the Public Works Contract for the Storm
Drain Slide Gate Rehabilitation Project to the
lowest responsive and responsible bidder, GSW
Construction, Inc., in the amount of $340,566 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 $51,085, for a total
not-to-exceed amount of $391,651 funded by the
Storm Drain Capital Fund.
Recommendation:
4.H Action on Amendment No. 1 to the Western Area Power Administration Contract No. 09-SNR-01256 for Displacement of Base Resource to Extend the Agreement Term
23-1116
Approve and authorize the City Manager to execute
Amendment No. 1 to the Western Area Power
Administration Contract No. 09-SNR-01256 for
Displacement of Base Resource to extend the
Agreement term for two additional years, terminating
on December 31, 2026.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
4.I Action on First Amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical
Advisory Committee to Allow for Remote Participation by Committee Members
23-1132
1. Authorize the City Manager to execute the First
Amendment to Agreement Creating the Santa Clara
County Recycling and Waste Reduction Technical
Advisory Committee in substantially the form
presented, and in a final form approved by the City
Attorney
2. Authorize the City Manager to execute future minor
administrative amendments to the Agreement as
necessary.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
4.J Action Authorizing the County of Santa Clara to Update the Five-Year Permanent Local Housing Allocation (PLHA) Plan to Allocate an Additional $ 306,063 to Activity # 6 for Assisting Persons Who are Experiencing or Who are at Risk of
Homelessness and Adoption of a Resolution Delegating
Authority to the City Manager to Direct the County to Add or Remove PLHA Activity Categories to the Consortium Agreement and the Five Year PLHA Plan that are Consistent with Goals in the Council Adopted Plans.
23-1204
1.) Action Authorizing the County of Santa Clara to
Update the Five-Year Permanent Local
Housing Allocation (PLHA) Plan to Allocate an
Additional $306,063 to Activity #6 for Assisting
Persons Who are Experiencing or Who are at
Risk of Homelessness.
2.) Adopt a resolution delegating to the City
Manager the authority to make amendments to
the PLHA Consortium Agreement and
directing the County to add or remove activities
in the five-year PLHA plan on behalf of the City
of Santa Clara, that are consistent with goals
stated in a City Council adopted plan including
but not limited to the Housing Element, the
HUD Consolidated Plan, or the local
homelessness response plan. City Council
approval would still be required to allocate
PLHA funds over $250,000 to specific
programs or projects. All amendments and
agreement will be subject to final review and
approval of such changes by the Office of the
City Attorney.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
4.K Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at Various Locations
23-1178
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 1350 Duane Avenue, 3045 Raymond
Street, 1100 Space Park Drive, and 1380 Kifer
Road; Memorex Junction; Bowers Avenue Junction
Substation; Well 18-02 - 2593 Cabrillo Avenue
(W&S SCADA); and Well 22-02 - 1265 Pomeroy
Avenue (W&S SCADA) 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.
Recommendation:
4.L Action on a Resolution Approving the 2024 Planning
Commission Calendar of Meetings
23-1105
Adopt a Resolution approving the 2024 Planning
Commission Calendar of Meetings.
Recommendation:
4.M Action on a Resolution Approving the 2024 Historical and Landmarks Commission Calendar of Meetings
23-1145
Adopt a Resolution approving the 2024 Historical and
Landmarks Commission Calendar of Meetings.
Recommendation:
4.N Informational Report on 2023 Q3 Legislative Updates23-1076
1. Note and file the informational report on 2023
Q3 legislative updates.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
4.O Action on the Annual City of Santa Clara Electric Department dba Silicon Valley Power 2023 Wildfire Mitigation Plan
23-1162
Approve and adopt the Silicon Valley Power 2023
Wildfire Mitigation Plan with any comments and
confirm that this plan complies with all applicable
rules, regulations, and standards.
Recommendation:
4.P Action to Waive Second Reading and Adopt Ordinance No . 2064 Amending Section 3.25.030 of the Santa Clara City Code to Reflect the Increase in the Transient Occupancy Tax Rate 23-1300
Waive Second Reading and Adopt Ordinance No.
2064 Amending Section 3.25.030 of the Santa Clara
City Code to Reflect the Increase in the Transient
Occupancy Tax Rate
Recommendation:
STADIUM AUTHORITY BOARD CONSENT CALENDAR
5.A Action on Stadium Authority Bills and Claims for the Month of June 2023
23-929
Approve the list of Stadium Authority Bills and Claims
for June 2023.
Recommendation:
5.B Action on Stadium Authority Bills and Claims for the Month of July 2023
23-1163
Approve the list of Stadium Authority Bills and Claims
for July 2023.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
5.C Action on Agreements to Provide Comprehensive Banking Services to the Stadium Authority
23-558
1. Authorize the Executive Director to (a) execute an
agreement with JPMorgan Chase Bank for General
Banking Services, for an initial two-year term ending
on or around June 30, 2025, on substantially the
terms and in the form presented; and (b) exercise
one five-year option to extend the agreement
through June 30, 2030 on the same terms, or with
negotiated reasonable market rate adjustments in
compensation, subject to the appropriation of funds;
2. Authorize the Executive Director to (a) execute an
agreement with PFM Asset Management LLC for
Investment Management Services for an initial
five-year term ending on or around June 30, 2028,
on substantially the terms and in the form presented,
and (b) exercise one two-year option to extend the
agreement through June 30, 2030 on the same
terms, subject to the appropriation of funds;
3. Authorize the Executive Director to (a) execute an
agreement with Principal Bank for Custodian
Banking Services, for an initial five-year on
substantially the terms and in the form presented,
and (b) exercise two one-year options or one
two-year option to extend the term of the agreement
through September 30, 2029 or September 30,
2030, respectively, on the same terms, or with
reasonable market rate adjustments in
compensation, subject to the appropriation of funds;
4. Authorize the Executive Director to make minor
amendments to each of the agreements to add or
delete services as necessary to meet the Authority’s
banking requirements, with proportionate changes in
compensation, subject to the appropriation of funds;
and
5. All such agreements, options and amendments
shall be in final forms approved by Authority
Counsel.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 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
SANTA CLARA STADIUM AUTHORITY BOARD GENERAL BUSINESS
6. Informational Report on July 2, 2023 Concacaf Gold Cup at Levi’s Stadium and Event -Related Impacts - Deferred from September 26, 2023
23-1253
Note and file the informational report on the July 2,
2023 Concacaf Gold Cup at Levi’s Stadium.
Recommendation:
CITY COUNCIL PUBLIC HEARING/GENERAL BUSINESS
7. Public Hearing: Continuance from October 10, 2023 for Action on Tentative Parcel Map, Rezone, 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.
23-1091
1. Determine that the project is categorically
exempt from CEQA pursuant to Class 1
(Existing Facilities), Class 15 (Minor Land
Divisions) and Class 31 (Historical Resource
Restoration/Rehabilitation).
2. Adopt a resolution to approve a Rezone from
R1-6L-Single-Family Residential to
PD-Planned Development based on findings
and conditions of approval.
3. Adopt a resolution to approve a Tentative
Parcel Map to subdivide one parcel into two
parcels, subject to findings and conditions of
approval.
4. Adopt a resolution to approve an Architectural
Review of the proposed second-story ADU and
exterior and interior alterations as proposed on
1070 Lewis Street and 1365 Main Street,
subject to findings and conditions of approval.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
8. Action on Recommendation of the Governance and Ethics Committee to Amend Council Policy 030, entitled Adding an Item on the Agenda, to Modify and Clarify Terms for City Council and Public Requests
23-1160
Adopt a resolution amending Council Policy 030,
entitled Adding an Item on the Agenda, on the terms
presented.
Recommendation:
WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY PUBLIC/COUNCIL
9. Action on a Written Petition (Council Policy 030), Submitted by Joseph Goschy Requesting to Place an Agenda Item on a
Future Council Meeting for Council to Consider Reviewing Policy for Commercial and Residential Construction to Ensure that Adjoining Properties are not Negatively Impacted by Water Drainage
23-1228
Staff makes no recommendation.Recommendation:
10. Action on a Written Petition (Council Policy 030), Submitted by Joseph Goschy Requesting to Place an Agenda Item on a
Future Council Meeting for Council to Consider Reviewing Policy to Consider Protection of Surrounding Properties from the Installation of Permanent Fixed Position Equipment that Violates City Noise Ordinance Code as a Result of Approved
Construction
23-1229
Staff makes no recommendation.Recommendation:
11. Action on a Written Petition (Council Policy 030), Submitted by Joseph Goschy Requesting to Place an Agenda Item on a
Future Council Meeting for Council to Consider Reviewing the Code Enforcement Citation Appeal Process to Ensure the Policy is Fair and Equitable
23-1230
Staff makes no recommendation.Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 2023
12. Action on a Written Petition (Council Policy 030), Submitted by Joseph Goschy Requesting to Place an Agenda Item on a
Future Council Meeting for Council to Consider Policy Review to Allow Corrective Actions by Code Enforcement to be Reviewed by Affected Third Parties to be Certain the Corrective Actions are Effective and Not Harmful
23-1231
Staff makes no recommendation.Recommendation:
13. Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Park Requesting to Place an Agenda Item at a Future Council Meeting to Consider Moving the Topic(s) or date of November 14, 2023 City Council Meeting to Another Date
23-1333
Staff makes no recommendation.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, November 7, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda October 24, 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.