City of Santa Clara
Meeting Minutes
Joint Council and Authorities Concurrent &
Santa Clara Stadium Authority
4:30 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
10/24/2023
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
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.
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Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at 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
Mayor/Chair Gillmor called the meeting to order at 4:30 p.m.
Roll Call
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 -
1. 23-1306 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
Public Comment
There were none.
Convene to Closed Session (Council Conference Room)
Mayor/Chair Gillmor convened into Closed Session at 4:33 p.m 5:00 PM STUDY SESSION
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Call to Order in the Council Chambers
2. 23-1259
Mayor Gillmor called the Study Session to order at 5:03 p.m.
Study Session: Overview of Unfunded Needs, Presentation of Revenue Measure Options and Work Plan for November 2024 Ballot Consideration Recommendation: Note and file Study Session report. Provide feedback on proposed Work Plan for the development of potential revenue measures for the November 2024 ballot
City Manager Grogan, Assistant Fire Chief Ray, Assistant City Manager Bojorquez, Public Works Director Mobeck and Finance Director Lee provided an overview of unfunded infrastructure projects and revenue options to meet those needs. They also provided information on a proposed workplan and timeline if the Council determines to place one or more revenue measures on the November 2024 ballot.
Council comments and questions followed.
City Manager Grogan and Finance Director Lee responded to Council questions.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to note and file the Study Session report.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 7:03 p.m.
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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.
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
City Attorney Googins stated there were no reportable action from Closed Session.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
There were none.
SPECIAL ORDER OF BUSINESS
3.A 23-982 Proclamation of October 2023 as Community Planning Month
3.B 23-1070
Mayor Gillmor proclaimed October 2023 as Community Planning month.
Community Development Director Crabtree accepted the proclamation and introduced Community Development staff.
Proclaim October 2023 as Cybersecurity Awareness Month
Mayor Gillmor proclaimed October 2023 as Cybersecurity Awareness Month.
Information Technology Director Garg accepted the proclamation on behalf of the Information Technology department.
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3.C 23-948 Proclaim October 2023 as Breast Cancer Awareness Month Mayor Gillmor proclaimed October 2023 as Breast Cancer Awareness Month.
Latinas Contra Cancer Executive Director Darcy Green and Santa Clara Relay for Life Chair Jonathon Oh accepted proclamation and shared a few remarks.
CONSENT CALENDAR
Council/Boardmember Chahal stated he is abstaining from voting on Item 4.k due to a potential conflict of interest as his property is located within 500 feet from the subject properties.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Watanabe, 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
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4.A 23-23 Board, Commissions and Committee Minutes
Recommendation: 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
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to note and file the minutes of the June 5, 2023 Governance & Ethics Committee meeting; August 10, 2023 Charter Review Committee meeting; August 24, 2023 Charter Review Committee meeting; April 12, 2023 Planning Commission meeting; and September 20, 2023 Planning Commission meeting.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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4.B 23-1113 Action on City Bills and Claims Report for the period August 12, 2023 - September 22, 2023
Recommendation: Approve the list of Bills and Claims for August 12, 2023 - September 22, 2023.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to approve the list of Bills and Claims for August 12, 2023 - September 22, 2023.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
4.C 23-1060
Action on Monthly Financial Status and Investment Reports for July and August 2023 and Approve the Related Budget Amendments
Recommendation:
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).
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to note and file the Monthly Financial Status Reports and Monthly Investment Reports for July 2023 and August 2023 as presented; and 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.D 23-1222 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 Recommendation: 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.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to accept and approve the FY 23 Edward Byrne Memorial Justice Assistance Grant funding of $17,289; 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; authorize the City Manager, Finance Director and Senior Management Analyst to sign grant-related documents; and 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.E 23-1024 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)
Recommendation:
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.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to approve Resolution 23-9271
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; and that the City Council, acting as the Board of Directors of the City of Santa Clara Public Facilities Financing Corporation, approve Public Facilities Financing Corporation Resolution 23-04 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.F 23-1261 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)
Recommendation: 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.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to 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 to 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.G 23-847 Action on Award of Contract for the Storm Drain Slide Gate Rehabilitation to GSW Construction, Inc.
Recommendation: 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.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to determine the project to be exempt from CEQA under Public Resources Code Section 15301 (Class 1 Categorical Exemption); to 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; to 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.H 23-1116 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
Recommendation:
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.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.I 23-1132
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
Recommendation:
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.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to 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 and to authorize the City Manager to execute future minor administrative amendments to the Agreement as necessary.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.J 23-1204 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.
Recommendation:
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.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to authorize 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 adopt Resolution 23-9272 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.K 23-1178 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 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.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, 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 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.
Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor 6 -
Abstained: Councilmember Chahal1 -
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4.L 23-1105 Action on a Resolution Approving the 2024 Planning Commission Calendar of Meetings
Recommendation: Adopt a Resolution approving the 2024 Planning Commission Calendar of Meetings.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe,to adopt Resolution 23-9273 approving the 2024 Planning Commission Calendar of Meetings.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.M 23-1145
Action on a Resolution Approving the 2024 Historical and Landmarks Commission Calendar of Meetings
Recommendation:
Adopt a Resolution approving the 2024 Historical and Landmarks Commission Calendar of Meetings.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to adopt Resolution 23-9274 approving the 2024 Historical and Landmarks Commission Calendar of Meetings.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.N 23-1076
Informational Report on 2023 Q3 Legislative Updates
Recommendation: 1. Note and file the informational report on 2023 Q3 legislative updates.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to note and file the informational report on 2023 Q3 legislative updates.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.O 23-1162 Action on the Annual City of Santa Clara Electric Department dba Silicon Valley Power 2023 Wildfire Mitigation Plan
Recommendation: 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.
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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4.P 23-1300
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
Recommendation:
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
A motion was made by Councilmember Becker, seconded by
Councilmember Watanabe, to waive the second reading and adopt Ordinance 2064 amending Section 3.25.030 of the Santa Clara City Code to reflect the increase in the Transient Occupancy Tax Rate.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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STADIUM AUTHORITY BOARD CONSENT CALENDAR
5.A 23-929 Action on Stadium Authority Bills and Claims for the Month of June 2023 Recommendation: Approve the list of Stadium Authority Bills and Claims for June 2023.
A motion was made by Boardmember Becker, seconded by
Boardmember Watanabe, to approve the list of Stadium Authority Bills and Claims for June 2023.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor
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5.B 23-1163 Action on Stadium Authority Bills and Claims for the Month of July 2023 Recommendation: Approve the list of Stadium Authority Bills and Claims for July 2023.
A motion was made by Boardmember Becker, seconded by
Boardmember Watanabe, to approve the list of Stadium Authority Bills for July 2023.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor
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5.C 23-558 Action on Agreements to Provide Comprehensive Banking Services to the Stadium Authority
Recommendation: 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.
A motion was made by Boardmember Becker, seconded by
Boardmember Watanabe, to 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; 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; authorize the Executive Director to (a)
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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; 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 that all such agreements, options and amendments shall be in final forms approved by Authority Counsel.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor
7 -
PUBLIC PRESENTATIONS
Joe Goschy provided suggestions on updating the Written Petition Form.
Adam Esa spoke about housing for unhoused people.
Wanda Buck spoke about the Ethics Training scheduled on October 26, 2023 and stated that the link to view the training via webstream has not been provided to the public.
CONSENT ITEMS PULLED FOR DISCUSSION
There were no items pulled from the Consent Calendar.
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6. 23-1253 Informational Report on July 2, 2023 Concacaf Gold Cup at Levi’s Stadium and Event-Related Impacts - Deferred from September 26, 2023 Recommendation: Note and file the informational report on the July 2, 2023 Concacaf Gold Cup at Levi’s Stadium.
Police Chief Nikolai gave a Powerpoint on the July 2, 2023 Concacaf Gold Cup event at Levi's Stadium.
Board comments and questions followed.
Public Comment:
Judy Hubbard
Neil Palki
A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to note and file the informational report and provide a response with additional information about who will be responsible for the costs for garbage pickup, parking plan, safety outside of Levi's Stadium, tailgating, and noise violations.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor
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CITY COUNCIL PUBLIC HEARING/GENERAL BUSINESS
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7. 23-1091 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.
Recommendation:
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.
Mayor Gillmor recused herself from this item and left the dais at 8:27 p.m.
Vice Mayor Park presided over this item.
Community Development Director Crabtree gave a Powerpoint presentation on applications to rezone property located at 1365 Main Street and 1070 Lewis Street.
Council questions followed.
Applicant Robson Homes gave a Powerpoint presentation on the proposed project.
A motion was made by Councilmember Jain, seconded by
Councilmember Becker, to close the Public Hearing.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
6 -
Recus ed: 1 - Mayor Gillmor
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A motion was made by Councilmember Jain, seconded by
Councilmember Becker, to 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); to adopt Resolution 23-9275 to approve a Rezone from R1-6L-Single-Family Residential to PD-Planned Development based on findings and conditions of approval; to adopt Resolution 23-9276 to approve a Tentative Parcel Map to subdivide one parcel into two parcels, subject to findings and conditions of approval; and adopt Resolution 23-9277 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.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
6 -
Recus ed: 1 - Mayor Gillmor
Mayor Gillmor returned to the dais at 8:59 p.m.
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8. 23-1160 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 Recommendation: Adopt a resolution amending Council Policy 030, entitled Adding an Item on the Agenda, on the terms presented.
City Manager Grogan gave a Powerpoint presentation on the recommendation of the Governance and Ethics Committee to amend Council Policy 030 to modify and clarify terms for City Council and public requests.
Council discussion and questions followed.
City Manager Grogran responded to Council questions.
Council discussion ensued.
Public Comment:
John Haggerty
A motion was made by Councilmember Hardy, seconded by
Councilmember Jain, to adopt Resolution 23-9278 amending Council Policy 030 on the terms presented.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, and Mayor Gillmor
5 -
Nay: Vice Mayor Park, and Councilmember Becker2 -
WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY PUBLIC/COUNCIL
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9. 23-1228 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
Recommendation: Staff makes no recommendation.
Joseph Goshcy was called to speak on his Written Petition to place an agenda item on a future meeting for Council to consider reviewing the City's current policy for commercial and residential construction to ensure that adjourning properties are not negatively impacted by water damage.
Council discussed ensued.
No action was taken by the Council.
10. 23-1229 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
Recommendation: Staff makes no recommendation.
Joseph Goshcy was called to speak on his Written Petition to place an agenda item on a future meeting for Council to consider reviewing the City's policy to consider protection of surrounding properties from the installation of permanent fixed position equipment that violates the City's Noise Ordinance as a result of approved construction.
Council comments and questions followed.
City Manager Grogan and City Attorney Googins responded to Council questions.
No action was taken by the Council.
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11. 23-1230 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
Recommendation: Staff makes no recommendation.
Joseph Goshcy was called to speak on his Written Petition to place an agenda item on a future meeting for Council to consider reviewing the Code Enforcement citation appeal process to ensure the policy is fair and equitable.
Council questions followed.
City Manager Grogan responded to Council questions.
Public Comment:
John Haggerty
No action was taken by the Council.
12. 23-1231 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
Recommendation: Staff makes no recommendation.
Joseph Goshcy was called to speak on his Written Petition to place an agenda item on a future meeting for Council to consider reviewing City policy 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.
Council comments followed.
City Manager Grogan provided additional information on Code Enforcement practices.
No action was taken by the Council.
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13. 23-1333 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
Recommendation: Staff makes no recommendation.
Vice Mayor Park spoke on his Written Petition to place an agenda item on a future meeting for Council to consider moving the discussion on the Charter Review Committee's recommendation on potential ballot measures scheduled for November 14, 2023 to another date due to two Councilmembers not being available to participate on November 14, 2023.
Public Comment:
Brian Darby
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to place Vice Mayor Park's Written Petition on the November 7, 2023 Council meeting agenda for consideration.
Aye: Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Nay: Councilmember Watanabe, and Mayor Gillmor2 -
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REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Councilmember Jain reported the Valley Transportation Authority Phase 2 Construction Project has increased its estimated costs. He also reported that the Holiday Home Tour is on December 1 and 2 and that tickets may be purchased on EventBbright. He also announced that Santa Clara University is sponsoring a Halloween Picnic in the Park. Lastly, Councilmember Jain reported that he attended the Ethics Training held on October 26, 2023.
Councilmember Hardy reported she attended the ribbon cutting for the new Headworks Facility at the San Jose-Santa Clara Regional Wastewater Facility on October 12, 2023.
Councilmember Watanabe reported there will be a meeting hosted by Valley District Water on October 26, 2023 to discuss the Guadalupe River to be held at Northside Library from 5:30 - 7:00 p.m. She also reported that she attended Children's Business Fair held at Live Oak Park on October 21, 2023.
Vice Mayor Park spoke on the proclamations given at the October 10, 2032 Council meeting on Hangul Day, 70th anniversary of the Korean Alliance Armed Forces, and that he visited with the Phillippines Consul General.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
City Manager Grogan stated there was no report.
ADJOURNMENT
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adjourn the meeting at 10:19 p.m.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
The next regular scheduled meeting is on Tuesday, November 7, 2023 in the City Hall Council Chambers.
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MEETING DISCLOSURES
Meeting Minutes 10/24/2023
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APBFfG>VE:
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