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
5:30 PMTuesday, November 7, 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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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.
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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 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 November 7, 2023
Joint Dinner - 5:30 PM | Regular Meeting - 7:00 PM
5:30 PM JOINT DINNER
Call to Order in the Council Chambers
Roll Call
1. Joint Dinner Meeting with City Council and Bicycle and Pedestrian Advisory Committee
23-860
7:00 PM COUNCIL REGULAR MEETING
*Open session will begin at 7:00 PM or shortly thereafter Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A Proclamation in Recognition of Former Mayor and
Councilmember Patricia “Patty” Mahan
23-1368
2.B Proclaim Sikh American Awareness and Appreciation Month23-1106
2.C Proclaim the Celebration of Diwali in the City of Santa Clara23-1107
CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 2023
3.A Action on the Minutes of August 22, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting; August 29, 2023 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; September 12, 2023 Council and Authorities Concurrent; and September 19, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority
23-1354
Approve the Minutes of August 22, 2023 Joint Council
and Authorities Concurrent and Santa Clara Stadium
Authority Meeting; August 29, 2023 Council and
Authorities Concurrent and Special Santa Clara
Stadium Authority Meeting; September 12, 2023
Council and Authorities Concurrent; and September
19, 2023 Joint Council and Authorities Concurrent and
Santa Clara Stadium Authority
Recommendation:
3.B Board, Commissions and Committee Minutes23-24
Note and file the Minutes of:
Bicycle & Pedestrian Advisory Committee - August
28, 2023
Historical and Landmarks Commission - September
7, 2023
Parks & Recreation Commission - September 19,
2023
Senior Advisory Commission - September 25, 2023
Planning Commission - October 11, 2023
Recommendation:
3.C Action on Award of Purchase Order with St. Francis Electric for Upgrading Pedestrian Signal and Luminaire Lighting at Traffic Signals to LED
23-829
1. Determine the project to be exempt from CEQA
under Public Resources Code Section 15301 (Class
1 Categorical Exemption).
2. Authorize the City Manager to execute a purchase
order with St. Francis Electric for upgrading
pedestrian signal and luminaire lighting at traffic
signals to LED for a one-year term starting on or
about November 6, 2023, for a maximum
not-to-exceed amount of $552,000 with an option to
extend the purchase order for one additional year on
the same terms, in a final form approved by the City
Attorney.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 2023
3.D Action on Award of Contract for the Intelligent Transportation Systems Rehabilitation Phase 2 Project to Bear Electric Solutions, Inc. and Related Budget Amendment
23-1151
1. Determine the project to be exempt under CEQA
Guidelines Section 15301 (Class 1) Categorical
Exemption;
2. Award the Public Works Contract for the Intelligent
Transportation Systems Rehabilitation Phase 2
Project to the lowest responsive and responsible
bidder, Bear Electric Solutions, Inc., in the amount
of $1,267,360 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 10 percent of the
original contract price, or $126,736, for a total
not-to-exceed amount of $1,394,096;
4. Approve the FY 2023/24 budget amendment in the
Streets and Highways Capital Fund to decrease
the Traffic Signal Interconnect Upgrade Project by
$804,198 and increase the Santa Clara Citywide
ITS Project 2 by $804,198 (majority affirmative
Council votes required).
Recommendation:
3.E Action to Authorize the City Manager to Execute Agreements with TOD Brokaw, LLC for the Construction of Park
Improvements and the Maintenance of the Parks within the Gateway Crossings Mixed -Use Development at Developer ’s Sole Cost
23-1174
Authorize the City Manager to execute the Park
Improvement Agreement and the Park Maintenance
Agreement with TOD Brokaw, LLC on substantially
the terms and in the forms presented, with such minor,
non-substantive changes and amendments that may
be necessary to implement the project, in final forms
approved by the City Attorney.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 2023
3.F Action on a Model Interconnection Agreement for Generating or Storage Facilities, Ratification of Previously Executed Interconnection Agreements, and Authorization to Execute Future Interconnection Agreements
23-1310
1. Approve a model Interconnection Agreement for
Generating and Storage Facilities (Interconnection
Agreement) in the form attached hereto;
2. Authorize the City Manager or their designee (a) to
execute future Interconnection Agreements using
the model form, with any revisions, modifications, or
amendments thereto, which are necessary or
advisable as determined by the City Attorney’s
Office so long as such revisions, modifications, or
amendments do not result in additional material
costs to the City, and (b) to take such actions as
are necessary or advisable to implement and
administer the Interconnection Agreements; and
3. Ratify Interconnection Agreements which have been
previously executed by City staff.
Recommendation:
3.G Action on the Historic Preservation Agreement (Mills Act Contract) for 2566 Homestead Road
23-1202
1. Determine that the project is categorically exempt
from CEQA pursuant to CEQA Guidelines Section
15331(Class 31 - Historical Resource Restoration /
Rehabilitation); and
2. Authorize the City Manager to execute a Mills Act
Contract in a final form approved by the City Attorney, and adopt the 10-Year Restoration and Maintenance
Plan associated with the property at 2566 Homestead
Road.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 2023
3.H Action to Accept the FY 2023/24 California Library Literacy Services (CLLS) Grants for the Library Department ’s Read Santa Clara Program and Approve the Related Budget
Amendment
23-1172
1. Accept the total California Literacy Services
(CLLS) grant award of $169,115 for the Read Santa
Clara program;
2. Approve the FY 2023/24 budget amendments in the
Library Operating Grant Trust Fund to recognize a
total grant revenue of $169,115 and establish grant
appropriations for Adult and Family Services in the
amount of $111,012 and ESL Services in the amount
of $58,103 for the Read Santa Clara program (five
affirmative Council votes required to appropriate
additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 2023
3.I Action to Adopt a Resolution of Local Support for the Central Santa Clara Bicycle and Pedestrian Improvement Project, Authorize the City Manager to Execute All Documents Related to Accepting One Bay Area Grant Program Funding, and Approve the Related Budget Amendment
23-880
1. Adopt a Resolution authorizing the filing of an
application for $9,029,000 in funding assigned to the
MTC, committing the necessary matching funds, and
stating assurance to complete the Central Santa Clara
Bicycle and Pedestrian Improvement project;
2. Authorize the City Manager to execute all
documents related to accepting One Bay Area Grant
Cycle 3 funding for the Central Santa Clara Bicycle
and Pedestrian Improvement project funded in the
Streets and Highways Capital Fund in final forms
approved by the City Attorney; and
3. Approve a FY 2023/24 budget amendment In the
Streets and Highways Capital Fund, to increase the
Other Agencies Revenue estimate in the amount of
$9,029,000 to recognize One Bay Area Grant Cycle 3
funding, decrease the Pedestrian and Bicycle
Enhancement Facilities Project in the amount of
$380,000, decrease the Uncontrolled Crosswalks
Improvement Project in the amount of $1,900,000, and
establish the Central Santa Clara Bicycle and
Pedestrian Improvement Project in the amount of
$11,309,000 (five affirmative Council votes
required to appropriate additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 2023
3.J Action on Resolutions Dedicating Portions of City -Owned Land for Use as an Emergency Vehicle Access Easement,
Underground Electric Easement, Water Utility Easement and Sidewalk Easement at 2330 Monroe Street
23-1055
1. Adopt a Resolution Dedicating a Portion of
City-owned Land located at 2330 Monroe Street for
use as an Emergency Vehicle Access Easement
[APN 216-05-009 (2023-24); SC 23-0024];
2. Adopt a Resolution Dedicating a Portion of
City-owned Land located at 2330 Monroe Street for
use as a sidewalk easement [APN 216-05-009
(2023-24); SC 23-0025];
3. Adopt a Resolution Dedicating a Portion of
City-owned Land located at 2330 Monroe Street for
use as a Water Utility Easement [APN 216-05-009
(2023-24); SC 23-0026];
4. Adopt a Resolution Dedicating a Portion of
City-owned Land located at 2330 Monroe Street for
use as an Underground Electric Easement [APN
216-05-009 (2023-24); SC 23-0027]; and
5. Authorize the recordation of the Resolutions.
Recommendation:
3.K Action to Authorize the Use of City Electric Forces at Various Locations
23-1272
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 706 Benton Street, 700 Mathew Street,
2041 Harrison Street, 3333 Kifer Road, and 2333
Calle Del Mundo 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:
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 2023
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 2023
4. Discussion and Potential Action on the Proposed Joint Powers Agency Agreement to Establish the Cities Association of Santa Clara County Joint Powers Agency
23-1296
Staff recommends that the City Council discuss the
proposed Joint Powers Agency (JPA) Agreement for
Cities Association of Santa Clara County (CASCC)
and provide direction to staff on any requested or
required changes to be shared with the CASCC
regarding the proposed terms, and/or take action to
approve the JPA Agreement in the form presented.
As such, there are a few options available to the City
Council:
Option 1: Approve the JPA Agreement in the form
presented and delegate authority to Councilmember
Watanabe to report approval of the JPA Agreement at
the CASCC Board of Directors Meeting and authorize
the City Manager to execute the JPA Agreement in a
final form approved by the City Attorney.
Option 2: Recommend specific amendments to the
proposed JPA Agreement and delegate authority to
Councilmember Watanabe to report approval of the
JPA Agreement at the CASCC Board of Directors
Meeting, subject to the City Council’s amendments,
and authorize the City Manager to execute the JPA
Agreement in a final form approved by the City
Attorney.
Option 3: Recommend specific amendments to the
proposed JPA Agreement and request that the Cities
Association of Santa Clara County propose a revised
agreement.
Option 4: Take no action and do not approve the
proposed JPA Agreement.
Other cities and towns in Santa Clara County are also
in the process of considering the proposed JPA
Agreement. At the time of writing this report, seven
cities have approved the proposed JPA Agreement
and 4-5 cities are planning to agendize the JPA
Agreement sometime between October 31 and
November 7, 2023.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 2023
5. Presentation of the Recommendations from the 2023 Charter Review Committee Related to the Positions of Chief of Police and City Clerk
23-1294
Staff does not have a position on the
recommendations from the Charter Review
Committee or the potential ballot measures.
Should the City Council find that the Charter Review
Committee has completed its charge, the City Council
should:
1. Accept the report of the Charter Review
Committee; and
2. Provide initial feedback and direction to staff
on the preparation of required ballot
submission materials for the City Council to
consider at a subsequent meeting on
December 5th or a prior date.
Recommendation:
6. Discussion and Action on the Written Petition from Vice Mayor Park To Move the Topic (s) or date of the November 14, 2023 City Council Meeting to Another Date
23-1358
Staff makes no recommendation on this item.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES/FUTURE AGENDA ITEMS
7. Action on a Council Written Request (Council Policy 030) Submitted by Councilmember Becker Requesting to Place an Agenda Item at a Future Council Meeting to Consider Releasing to the Public the Investigative Findings Prepared by the Van Dermyden Makus Law Firm Regarding a Complaint of Alleged Misconduct at the August 30, 2022 Closed Session Meeting 23-1370
Staff makes no recommendation.Recommendation:
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, November 14, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda November 7, 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.
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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.
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