Agenda packet — City Council and Authorities Concurrent, December 5, 2023 (part 1 of 6)

City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Call and Notice of Special Meetings
City Council and Stadium Authority Board
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
Tuesday, December 5, 2023 4:00 PM
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.

2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.

NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or [email protected].

City of Santa Clara Page 1 of 15 Printed on 12/1/2023
Council and Authorities Concurrent &
Call and Notice of Special City Council
and Stadium Authority Meeting
Meeting Agenda December 5, 2023
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor/Chair calls for a Special Meeting of the City Council of the City of Santa Clara, the Governing Board of the Stadium Authority, to commence and convene on December 5, 2023, at 4:00 pm for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.

Closed Session - 4:00 PM | Special Council Meeting - 5:00 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call

1. Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(e)(3) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances: Claim of Deanna J. Santana
(attached)
23-1371
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 SPECIAL COUNCIL MEETING
Call to Order in the Council Chambers
City of Santa Clara Page 2 of 15 Printed on 12/1/2023
Council and Authorities Concurrent &
Call and Notice of Special City Council
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Meeting Agenda December 5, 2023

2. Action on a Resolution Calling for a Special Municipal Election and Ordering Consolidation with the Santa Clara County
Presidential Primary Election on March 5, 2024 for the Purposes of Submitting to the Voters Proposed Charter Amendments That would Make the City Clerk and Chief of Police Positions Appointed by the City Manager, as well as, Directing the City Clerk to Transmit the Measures to the City Attorney to Prepare the Impartial Analyses and Designating the Parties Responsible for the Preparation of Ballot Arguments
23-1295

1. Adopt a resolution calling for a Special
Municipal Election to be held in the City of
Santa Clara on Tuesday, March 5, 2024, for
the purpose of submitting to the voters two
ballot questions related to the positions of City
Clerk and Chief of Police; requesting
consolidation with the County of Santa Clara
Presidential Primary Election and requesting
election services from the County of Santa
Clara Registrar of Voters; directing the City
Clerk to transmit the measures to the City
Attorney to prepare the impartial analyses;
designating the parties responsible for the
preparation of ballot arguments; and approval
of the draft amendments to the Santa Clara
City Code to incorporate the proposed
changes if the measure is approved by the
voters.

Recommendation:
7:00 PM CITY COUNCIL/SPECIAL STADIUM AUTHORITY BOARD MEETING 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
SANTA CLARA STADIUM AUTHORITY BOARD CONTINUED ITEM FROM NOVEMBER 14, 2023 City of Santa Clara Page 3 of 15 Printed on 12/1/2023
Council and Authorities Concurrent &
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Meeting Agenda December 5, 2023

3. Action on Stadium Manager’s Request to Execute Agreement with Colony Landscape and Maintenance, Inc. for Sod Removal and Related Services at Levi’s Stadium [Continued from
November 14, 2023 Meeting]
23-1435

1. Approve the Stadium Manager’s request to
execute an agreement with Colony Landscape
and Maintenance, Inc. to provide sod removal
and related services at Levi’s Stadium for a
three-year period beginning November 15,
2023 through November 14, 2026, in an
amount not exceed $600,000 annually for the
first and second contract year and $620,000
for the third contract year, for a total not to
exceed amount of $1,820,000 over the
three-year period, subject to budget
appropriations; and

2. Authorize the Stadium Manager to exercise the
option to extend the agreement with the same
basic terms and conditions for two additional
one-year periods, subject to budget
appropriations.

Recommendation:

SPECIAL ORDER OF BUSINESS

4. Recognition of Student Mia Evans for Establishing a Little Library at Mission Park in Santa Clara
23-1338

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.]
City of Santa Clara Page 4 of 15 Printed on 12/1/2023
Council and Authorities Concurrent &
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Meeting Agenda December 5, 2023

5.A Action on the Minutes of September 26, 2023 Joint Council and Santa Clara Stadium Authority Special Meeting; October 10, 2023 Council and Authorities Concurrent; October 24, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting; November 7, 2023 Council and Authorities Concurrent Meeting; and November 14, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting
23-1393
Approve Minutes of September 26, 2023 Joint
Council and Santa Clara Stadium Authority Special
Meeting; October 10, 2023 Council and Authorities
Concurrent; October 24, 2023 Joint Council and
Authorities Concurrent and Santa Clara Stadium
Authority Meeting; November 7, 2023 Council and
Authorities Concurrent Meeting; and November 14,
2023 Joint Council and Authorities Concurrent and
Santa Clara Stadium Authority Meeting
Recommendation:

5.B 23-26 Board, Commissions and Committee Minutes
Note and file the Minutes of:

Board of Library Trustees - August 7, 2023
Board of Library Trustees - September 11, 2023
Charter Review Committee - September 14, 2023
Charter Review Committee - September 21, 2023
Board of Library Trustees - October 2, 2023
Audit Committee - June 28, 2023
Youth Commission - October 10, 2023
Planning Commission - October 25, 2023
Parks & Recreation Commission - October 17, 2023
Senior Advisory Commission - October 23, 2023
Recommendation:

5.C Action on the Santa Clara Convention Center FY 2023/24 1st Quarter Financial Status Report
23-1281
Note and file the Santa Clara Convention Center
Financial Status Report for the 1st Quarter ending
September 30, 2023, as submitted by OVG.

Recommendation:

City of Santa Clara Page 5 of 15 Printed on 12/1/2023
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5.D Action to Accept Federal Safe Streets and Roads for All Grant Funding to Establish a Santa Clara Vision Zero Plan, Authorize the City Manager to Execute All Documents Related to
Accepting Federal Funding, and Approve the Related Budget Amendment
23-1221

1. Accept $450,000 in federal funding under the Safe
Streets and Roads for All Grant Program and
authorize the City Manager to execute all documents
related to accepting federal funding for the Santa
Clara Vision Zero Plan in final forms approved by the
City Attorney; and

2. Approve a FY2023/24 budget amendment in the
Streets and Highways Capital Fund to increase the
Other Agencies revenue estimate in the amount of
$450,000 to recognize Safe Streets and Roads for All
funding, decrease the Pedestrian and Bicycle
Enhancement Facilities Project in the amount of
$120,000, and increase the Santa Clara Vision Zero
Plan, formerly named Vision Zero Plan, by $570,000.
(five affirmative Council votes required to
appropriate additional revenue).

Recommendation:

5.E Action on Award of Purchase Orders to Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc. for the Purchase of Steel Transmission Poles for an Aggregate
Maximum Amount of $6,500,000 Funded by Silicon Valley
Power
23-1311

1. Authorize the City Manager to issue purchase
orders to Wireless Structures Consulting, Inc. DBA
Western Utility Telecom, Inc. for the purchase of
steel transmission poles with an aggregate
maximum compensation of $6,500,000 for the time
period beginning on the date of this authorization
through December 31, 2028, with price escalations
based on adjustments to the Bureau of Labor
Statistics Producer Price Index, subject to the
appropriation of funds; and

2. Authorize the City Manager to take any actions as
necessary to implement and administer the
purchase orders.

Recommendation:

City of Santa Clara Page 6 of 15 Printed on 12/1/2023
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5.F Action on the Award of Purchase Orders Greater than $250,000 for Vehicles and Equipment for the Fire, Finance, Silicon Valley Power, Public Works, Police, and Water and Sewer Utilities Departments to be Funded in the Vehicle Replacement Fund and Related Budget Amendment
23-1278

1. Approve and authorize the City Manager to execute
purchase orders, in final forms approved by the City
Attorney, in an aggregate not-to-exceed amount of
$2,194,000, with Downtown Ford, Altec Industries,
Inc., and Elk Grove Auto Group for the purchase of
vehicles and equipment for the Fire, Finance, Silicon
Valley Power, Public Works, Police and Water and
Sewer Utilities Departments, to be funded by amounts
approved in the City’s Operating Budget for Fiscal
Years 2023/24 & 2024/25.

2. Approve the following FY 2023/24 budget
amendments:

A. In the Water Utility Fund, increase the
transfer to the Vehicle Replacement Fund and
reduce the unrestricted ending fund balance by
$36,560 (five affirmative Council votes
required for the use of unused balances);
B. In the Water Recycling Fund, increase the
transfer to the Vehicle Replacement Fund and
reduce the unrestricted ending fund balance by
$9,140 (five affirmative Council votes
required for the use of unused balances);
and
C. In the Vehicle Replacement Fund, increase
the transfer in from the Water Utility Fund by
$36,560, increase the transfer in from the
Water Recycling Fund by $9,140, and increase
the Capital Outlay budget by $45,700 (five
affirmative Council votes required to
appropriate additional revenue).

Recommendation:

City of Santa Clara Page 7 of 15 Printed on 12/1/2023
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5.G Action on Award of a Purchase Order to L.N. Curtis and Sons for Personal Protective Equipment for the Fire Department 23-1322

1. Authorize the City Manager to execute a purchase
order with L.N. Curtis and Sons for personal
protective equipment for the Fire Department
starting on or around December 11, 2023, to May
7, 2024, for a maximum amount not-to-exceed
$602,350, to be funded by amounts approved in the
Fire Department’s annual Capital Improvement
Project Fund and Fire Operating Budget for Fiscal
Year 2023/24; and

2. Authorize the City Manager to exercise an option
to extend the term of the purchase order through
May 7, 2025, for a maximum additional
not-to-exceed amount of $497,650 for the option
term, subject to appropriation of funds.

Recommendation:

5.H Action on a Vesting Tentative Subdivision Map for 22 Townhouse Units at 3378-3386 El Camino Real.
23-1050

1. Determine that the proposed subdivision is
within the scope of the adopted Mitigated
Negative Declaration (MND) prepared for the
project and no further analysis is required

2. Adopt a resolution to approve the Vesting
Tentative Subdivision Map to subdivide the
parcel (290-02-102) with 22 Townhouse Units
at 3378-3386 El Camino Real, subject to
findings and conditions of approval set forth
therein.

Recommendation:

City of Santa Clara Page 8 of 15 Printed on 12/1/2023
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5.I Authorize the City Manager to execute the Side Letter Agreements between the City of Santa Clara and the Public Safety Non-Sworn Employees Association that provides a
Lateral Incentive Program for new Public Safety Dispatcher hires and a Retention Incentive Program for permanent Public Safety Dispatchers, and Adopt a Resolution Approving and Adopting an Updated Salary Plan for As-Needed Positions 23-1414

1. Authorize the City Manager to execute the Side
Letter Agreements between the City of Santa
Clara and the Public Safety Non-Sworn
Employees Association that provides a Lateral
Incentive Program for new hires and a
Retention Incentive Program for permanent
Dispatchers on the terms presented and in a
final form approved by the City Attorney, and

2. Adopt a Resolution Approving and Adopting an
Updated Salary Plan for As-Needed Positions
Recommendation:

City of Santa Clara Page 9 of 15 Printed on 12/1/2023
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5.J Authorize the City Manager to Negotiate and Execute an Agreement for Services with Nalco Company, LLC, to Provide Water Treatment Services to Silicon Valley Power
23-1313

1. Determine that the proposed actions are exempt
from CEQA pursuant to Section 15301 (Existing
Facilities) of Title 14 of the California Code of
Regulations;

2. Authorize the City Manager to negotiate and
execute an Agreement for Services with Nalco
Company, LLC, to provide water treatment services
for the period of January 1, 2024, through
December 31, 2028, on the terms presented, with a
maximum compensation not to exceed $1,200,000
funded by the Electric Utility Fund, subject to the
appropriation of funds and 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 to (a) exercise up to
five one-year options to extend the term through
December 31, 2033, (b) adjust rates to account for
market conditions or labor agreement
requirements, and (c) add or delete services
including increases to the maximum compensation
for a total amount not to exceed $2,500,000 for a
ten-year period, subject to the appropriation of
funds and the review and approval as to form by the
City Attorney.

Recommendation:

5.K Action on a Request for a Special Permit to Allow Temporary Modular Trailers for the Acura Car Dealership at 4747 Stevens Creek Boulevard for Nine Months
23-1320

1. Determine the issuance of the Special Permit
to be categorically exempt from environmental
review pursuant to CEQA Guidelines section
15304(e) (Class 4 - “Minor Alterations to
Land”); and

2. Approve the request of a Special Permit to
allow for a temporary office trailer at 4747
Stevens Creek Boulevard for nine months,
subject to conditions, based upon the findings
set forth in the Special Permit.

Recommendation:

City of Santa Clara Page 10 of 15 Printed on 12/1/2023
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5.L Action on Software License Agreement with ZE PowerGroup Authorizing Increase to Maximum Compensation, Authorizing City Manager to Negotiate and Execute Amendments, and
Ratifying Prior Payments
23-1312

1. Authorize that the maximum compensation of the
ZE PowerGroup and Silicon Valley Power Software
License Agreement-Subscription Model
(Agreement) be increased to a not to exceed
amount of $1,600,000 through FY 2029/30, subject
to budget appropriations;

2. Authorize the City Manager to negotiate and
execute amendments to the Agreement to add or
delete services as may be required by the City
subject to the maximum compensation limit and the
review and approval as to form by the City Attorney;
and

3. Ratify prior City payments to ZE PowerGroup in an
amount of $638,917.54 for ZEMA Software and
subscription services provided pursuant to the
Agreement, funded by Silicon Valley Power
operating funds.

Recommendation:

5.M Approve and Authorize the City Manager to execute the 2024-2025 Memorandum of Understanding Between the City of Santa Clara and the Unclassified Police Management
Association (“Unit 9A”) that incorporates the terms of the Tentative Agreement.
23-1401
Authorize the City Manager to execute the 2024-2025
Memorandum of Understanding Between the City of
Santa Clara and the Unclassified Police Management
Association (“Unit 9A”) that incorporates the terms of the Tentative Agreement.

Recommendation:

City of Santa Clara Page 11 of 15 Printed on 12/1/2023
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5.N Action on a Request for a Special Permit to Allow a Christmas Tree Sales Lot at 3705 El Camino Real (Lucky’s Supermarket) from December 6, 2023 through December 27, 2023
23-1374

1. Determine the issuance of the Special Permit
to be categorically exempt from formal
environmental review pursuant to CEQA
Guidelines section 15304(e) (Class 4 - “Minor
Alterations to Land”); and

2. Approve the request for a Special Permit to
allow a Christmas Tree Sales Lot from
December 6, 2023 through December 27,
2023 at 3705 El Camino Real, based upon the
findings set forth in the Permit, and subject to
conditions.

Recommendation:

5.O Action on the Schematic Design - Master Plan for the New Public Neighborhood Park at 2200 Calle De Luna
23-1329
Approve the proposed 2200 Calle De Luna Park
Schematic Design - Master Plan.

Recommendation:

5.P 23-1274 Bi-Annual Status Report on the GIS Services Program Note and file the Bi-annual Status Report on the GIS
Service Program.

Recommendation:

5.Q Action on a Resolution Approving the 2024 Board of Library Trustees Calendar of Meetings, and Setting the Number of Regular Board of Library Trustees Meetings
23-1220
Action to Approve Adoption of a Resolution to Set the
Regular Meeting Schedule and Dates for the Board of
Library Trustees for Calendar Year 2024
Recommendation:

City of Santa Clara Page 12 of 15 Printed on 12/1/2023
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5.R Action on Adoption of Silicon Valley Power’s 2023 Integrated Resources Plan
23-1046

1. Adopt Silicon Valley Power’s 2023 Integrated
Resources Plan in substantially the form attached to
this Report to Council; and

2. Authorize the City Manager or designee to finalize
the Integrated Resources Plan with any updates to
incorporate 2023 information and numbers,
address City Council comments, additional
feedback, and non-substantive edits and submit the
final plan to the California Energy Commission prior
to April 30, 2024, and to take any actions as
necessary to administer and implement the
Integrated Resources Plan, including amending the
plan as may be required by the California Energy
Commission.

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

6. Public Hearing: Action on a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers, Effective January 1, 2024
23-1117
Adopt a Resolution amending City Rate Schedules
for Electric Utility Services to increase Electric
Rates and Charges in each Rate Schedule by

10.0% and make other modifications, effective
January 1, 2024.

Recommendation:

City of Santa Clara Page 13 of 15 Printed on 12/1/2023
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7. Action on the Downtown Precise Plan, Downtown Form Based Zoning Code, Related Amendments to the General Plan, and Associated Environmental Impact Report and Mitigation
Monitoring and Reporting Program
23-1362
Alternative:

1. Adopt a resolution approving the Downtown
Precise Plan Water Supply Assessment.

2. Adopt a resolution approving and certifying the
Final EIR prepared for the Downtown Precise
Plan and Form Based Code (SCH #
2022010282), including CEQA Findings and a
Statement of Overriding Considerations, and
adopting the project’s Mitigation Monitoring
and Reporting Program.

3. Adopt a resolution approving the Downtown
Precise Plan.

4. Adopt a resolution approving a General Plan
text amendment to modify the Downtown Core
land use designation and amending the
General Plan Land Use diagrams for Phases II
and III to reflect the Downtown Precise Plan.

5. Waive first reading and introduce an ordinance
amending the zoning code to create the
Downtown Zoning district and make
corresponding changes to the zoning map.

Recommendation:

REPORTS OF MEMBERS AND SPECIAL COMMITTEES AND FUTURE AGENDA ITEMS CITY

MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
The next regular scheduled meeting is on Tuesday, December 12, 2023 in the City Hall Council Chambers.

City of Santa Clara Page 14 of 15 Printed on 12/1/2023
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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 [email protected] <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.

City of Santa Clara Page 15 of 15 Printed on 12/1/2023

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1371 Agenda Date: 12/5/2023

SUBJECT
Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(e)(3) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances: Claim of Deanna J. Santana (attached) City of Santa Clara Page 1 of 1 Printed on 12/1/2023
powered by Legistar™
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CLAIM AGAINST THE CITY OF SANTA CLARA
(For Damages to Persons or Personal Property)
City Clerk's Office Date Stamp
Received By: /Jt ~4
Via: U.S. Mail ~ Interoffice Mall
Over the Counter --- Other
(Please do not write above this line - for City use only) A claim must be filed with the City Clerk of the City of Santa Clara within six months* after which the incident or event occurred. Be sure your claim is against the City of Santa Clara not some other public entity. Where space Is Insufficient, please use additional paper and Identify the information by paragraph number. Your completed claim (original) must be mailed or delivered to: City Clerk, City of Santa Clara, 1500 Warburton Avenue, Santa Clara, California 96050.

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SANTA CLARA:

The undersigned respectfully submits the following claim and information relative to damage to persons and/or ersonal ro ert :

NAMEOF '1'
CLAIMANT LJe£;{V\Vl(/\
1 ADDRESSOF

CLAIMANT
3 4
6 DATE AND TIME

OF INCIDENT

SPECIFIC ADDRESS
OF INCIDENT (Address)
BASIS OF CLAIM (Specify the occurrence, event, act, or omission which you claim caused the Injury or damage for which you are submitting this clalm.)
CITY'S ACTION (Specify action by City or Its employees which caused alleged damage or Injury.) ""One year for a claim relating to any cause of action for other than death, Injury to person or to personal property, or growing crops." Government Code §91 1.2
NAME OF CITY EMPLOYEE WHO n rL A I'_,., . l J/U.J-.1 .,J,,. evrf6 ALLEGEDLY CAUSED INJURY OR LOSS lA"TV/ u:,111,V'\Ul / s-e-e rl\vv-'Y ,VV' 7 8
DESCRIPTION OF CLAIMANT'S INJURY, PROPERTY DAMAGE, OR LOSS (If there were no injuries. state 11 NO INJURIES".)
OTHER INJURED PERSONS (List names and addresses.)
DAMAGES CLAIMED: Amount of Claimant's damage or loss and method of computation. Include copies of bills, invoices, estimates, etc. Note: If your claim is for more than $1010001 you need not fill in an amount but you must state whether jurisdiction for the claim would be in the Limited jurisdiction (up to $25,000) or Unlimited jurisdiction of the Superior Court.

ITEMS
°'-~uJ'l ~Z"5 10oo $ __ _
9 $. ____ _
$ ____ _
TOTAL AMOUNT: $ ___ _
Court Jurisdiction: (Check one)
Limited Civil: D Unlimited Civil: Ii]
WITNESSES, HOSPITALS, DOCTORS, ETC. (List names and addresses.) 10 See ;\~mevJ A
WARNING! IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM (Penal Code §72).

I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief and as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE and CORRECT.

Signed this __ I;....:\ _____ day of __ 'Se_p~· ~ __ /o&r-- _____ -=--========' 20 2-.2 at l:\CLAIMS\Claim Form March 2022 EDITS WITH CAO, CW, BYCH APPROVAL.doc I. The Dispute
Deanna Santana adv. City of Santa Clara
Tort Claim
Attachment A
A. Breach of Contract:

Deanna J. Santana ("Ms. Santana") is the former City Manager for the City of Santa Clara (City). The dispute involves implementation of an employment agreement ("Agreement") between Ms. Santana and the City. The Agreement for the Santa Clara City Manager position, dated October 2, 2017, included the terms of separation which became operative on March 8, 2022. The Agreement was unanimously approved by the City Council, available to the public for review since August 2017, and City's actions and intentions to implement the terms of the Agreement are reflecting in the City's public records.

The employment agreement permitted, and Ms. Santana did, elect the severance package under option "(b)", which provides in part:

6. Termination. Resignation. and Severance Pay .... In the event the City Council terminates Employee's employment as City Manager for no reason or for any reason other than as set forth in Subsection 6.3 below and Employee agrees to sign and deliver to the City Council a general and full release of all claims with the provisions contained in Exhibit C (Severance and Release Agreement) attached hereto ... Employee shall receive severance pay in accordance with Sec.

6.2 below.
* * *

6.2 If the City Council terminates Employee while employee is still willing and able to perform the duties of City Manager, the City Council agrees to pay Employee by either (a) a single lump sum payment ... ; or (b) allow her to continue to receive her usual compensation and benefits specified in Sec. 3, supra, through payroll for twelve {12) months, whichever is preferable to the Employee The City breached the Agreement by not completing its contractual obligations to pay for Ms. Santana's "usual compensation and benefits" benefits through March 31, 2023, as required under the Agreement. The term "Benefits" under section 6.2(b) means the aggregate of total compensation provision including all insurances (e.g., medical, vision, dentist, etc.), housing stipend wage (salary and deferred compensation), pension contributions, and the value of all oth;r benefits). The following are specific Instances of the breach of the Agreement:
1) Ms. Santana remained on City paid administrative leave and payroll until March 31, 2023. While on paid administrative leave and payroll, Ms. Santana was entitled to, and did, accrue leaves (e.g., vacation, sick, and management leaves), holidays (including floating holidays), deferred compensation, Cal PERS service credit, among other benefits from April 1, 2022 through March 18, 2023. The City breached the Agreement when it did not provide the contractually required accruals and benefits through March 31, 2023 and, in addition, clawed back all of the accrued leaves during that term on the pay period beginning of March 19, 2023.
2) Having elected the option under 6.2(b), the City publicly reported its approval in Closed Session and, as such, Ms. Santana was to be afforded all benefits provided to Unit 9 management employees, including COLAs and other provisions. While on paid administrative leave and payroll, Ms. Santana appropriately received COLAs. The Council's approval of a COLA was unanimously approved on a publicly noticed and available City Council agenda and recorded appropriately in the City's legal records. Additionally, in December 2022, the required annual approval of the City's Salary Schedule to submit to CalPERS, included reference to Ms. Santana's COLA approval and, again, was unanimously approved by the City Council on a Council agenda and recorded appropriately in the City's legal records. The City breached the Agreement by clawing back COLA on or about March 19, 2023, despite the Council's unanimous approval and acknowledgment of this contractual obligation in December 2022.
3) Ms. Santana has accrued sizable leave balances (e.g., vacation, management leave, etc.) while an employee from October 2017 through March 31, 2023.

The City breached the Agreement, and violated employment and labor laws, when it refused to pay Ms. Santana the sum of all of those accrued balances, including the accrued leaves as noted above.
4) Ms. Santana was placed on paid administrative leave by the City and appropriately accrued Cal PERS credit, as required while an employee is on City approved paid administrative leave. During the paid administrative leave term, the City continued the practice of processing Ms. Santana's payment of 8% of her salary for CalPERS service credit. The City breached the Agreement when it clawed back the accrued service credit. Additionally, the City has withheld the 8% annual CalPERS contribution that it processed on behalf of Ms. Santana while on paid administrative leave, which amounts to payment for a benefit that the City clawed back in violation of the Council approved Agreement.
-
B. Violations of Labor Laws, Discrimination and Whi~tleblower Retaliation:

On or about February 22 and 23, 2022, Ms. Santana disclosed information to the City Council and others concerning violations of law and local ordinances (both at a public session and in a formal personnel complaint). Ms. Santana was also subjected to racial slurs by at least one City Council member. Ms. Santana was thereafter placed on paid administrative leave from her duties as City Manager, and all terms of the severance agreement were unanimously approved by the City Council.

Over the course of the next year, certain city councilmembers have been the subject of investigations for public corruption on matters raised by Ms. Santana (e.g., City's lack of ability to obtain certain FIFA documents, for which over a year later, the City still does not fully possess). As of today, one councilmember has been criminally indicted.

Ms. Santana is aware that certain members of the City Council continue to press for retaliatory action against Ms. Santana, including but not limited to directing City employees and/or agents of the City to delay and ultimately fail to perform the City's lawful obligations to perform its contractual obligations owed to Ms. Santana and to unlawfully withhold earned wages and benefits.

This matter was the subject of review by the Civil Grand Jury in its report titled "Unsportmanlike Conduct: Santa Clara City Council," which made the following findings in its publicly issued report that the City was hostile toward Ms. Santana, her termination was linked to the February 22 public disclosure of FIFA details, and, in particular, opined that the City did indeed approve a "contractually obligated severance package" and the report stated as follows:
(1) Another behavioral standard the City Council has adopted is "[t]reating the public and City Staff, at all times, the way I treat highly regarded colleagues in businesses or professions." And a behavior to be avoided is "criticizing or embarrassing the City Manager or City Staff in public." Throughout its investigation the Civil Grand Jury uncovered evidence of disrespect toward staff by members of the City Council Voting Bloc.

Members of the City Council Voting Bloc doubted the accuracy of City staffs work and favored the 49ers' interpretation on a variety of subjects. The Civil Grand Jury saw no evidence that this doubt was warranted. As mentioned previously, the Civil Grand Jury viewed documents showing members of the City Council Voting Bio~ advocating on behalf of the 49ers and arguing with staff about state safety codes and established norms.
(2) Overall, the Civil Grand Jury saw a hostile environment for City staff, Illustrated by a text conversation between two members of the City Council Voting Bloc remarking that a member of the City staff was not afraid of them.
(3) A violation is a misdemeanor. Under the City Code, the City Manager is tasked as the chief administrative officer with responsibility for the administration of all affairs of the City. (Santa Clara City Code§§ 2.15.020(a) & (c).) The Civil Grand Jury learned that the then-City Manager made a complaint that, among other things, a councilmember was directing City staff. An outside investigator was hired to investigate the complaint. If true, the allegations in that complaint may have violated the Charter. On August 23, 2022, the City noticed a closed session meeting under the exception for "public employment appointment" for the City Manager. At that meeting, the City Council Voting Bloc voted to stop the investigation made from that complaint.
(4) As ~etailed above, the former City Manager defended her staff against inappropriate behavior from the City Council Voting Bloc. She opened investigations. She raised concerns about ManCo's compliance with contractual agreements. She has had to defend herself from personal attacks by 49ers lobbyists, who told the City Council Voting Bloc that they wanted the City Manager/Stadium Authority Executive Director gone. On February 22, 2022, she spoke out about concerns related to the FIFA event, urging caution and the need for more information. She also raised the issue of potential conflicts of interest related to the 49ers. Two days later, the City Council fired the City Manager with a contractually obligated severance package ...

Lastly, in its most recent act of retaliation, the City has now interposed an after-the-fact, pretextual claim that it had no obligation to pay such earned wages and benefits, required in the agreement and that the Council unanimously approved and implemented, from March 31, 2022 through pay period ending in March 18, 2023. Ultimately, on April 4, 2023, the City, through its outside counsel, informed Ms. Santana that the earned wages and benefits, including accrued leaves, would not be paid and that, further, the City unilaterally -- without the required notice and consent by Ms. Santana- had unlawfully clawed back accrued leave accruals and Cal PERS payments made by the City for service credit while Ms. Santana was on paid administrative leave.

Based on the foregoing, the City has violated the following California laws, including, inter alia, Government Code section 12940(a), Labor Code section 1102.5, 201, and 227.3 Ms. Santana has suffered monetary damages and emotional distress as a result of the foregoing wrongful conduct by the City.

II. Witnesses
Lisa M. Gillmor - Mayor
Suds Jain - Vice Mayor
Kathy Watanabe - Councilmember
Raj Chahal - Councilmember
Karen Hardy- Council member
Kevin Park-Councilmember
Anthony Becker - Council member
Brian Doyle - City Attorney
Steven Ngo - Interim City Attorney
Gary Baum - Outside City Attorney
Rod Diridon, Jr. City Clerk
Sujata Reuter, Assistant City Attorney
Nadine Nader, Assistant City Manager
Aracely Azevedo, Director of Human Resources
Teri Black- Brann, Executive Recruiter/City Liaison for Employment Agreement negotiations Charles Sakai, Esq.
100 Pine Street, Suite 350
San Francisco, California 94111
SAN FRANCISCO.CA 940 .. ..-. •.i
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~;::.;-;~ ;J-37 i 3 00 1i I 1l111i1 ,j i,i ,iii, j ,i, l1 l 11 11 I) 11111i 1 mi ii j ,ii;li i jj iirn I ji, City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1295 Agenda Date: 12/5/2023

REPORT TO THE CITY COUNCIL

SUBJECT
Action on a Resolution Calling for a Special Municipal Election and Ordering Consolidation with the Santa Clara County Presidential Primary Election on March 5, 2024 for the Purposes of Submitting to the Voters Proposed Charter Amendments That would Make the City Clerk and Chief of Police Positions Appointed by the City Manager, as well as, Directing the City Clerk to Transmit the Measures to the City Attorney to Prepare the Impartial Analyses and Designating the Parties Responsible for the Preparation of Ballot Arguments

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On June 6, 2023, the City Council approved the creation of a Charter Review Committee ("Committee") for the purposes of soliciting community input and making recommendations on what, if any, changes should be made to the Charter provisions providing for an elected Chief of Police and/or an elected City Clerk. (Attachment 1 - RTC 23-748) On July 18, 2023, the City Council made appointments to the Committee, received a tentative meeting schedule and established a budget to support the work of the Committee. (Attachment 2 - RTC 23-824 and Attachment 3 - RTC 23-913). The meeting schedule provided for a series of community meetings followed by a presentation of the Committee’s work to the City Council on November 7, 2023 and, if applicable, action on November 14, 2023 to consider potential ballot measures.

On November 7, 2023, the Committee presented the City Council with an overview of its work as well as a recommendation to hold a special election on March 5, 2024 for the purposes of considering two ballot questions that would amend the City Charter to provide for the appointment of the positions of City Clerk and Chief of Police by the City Manager. A copy of the staff report and the Committee presentation (attached as post-meeting materials) are enclosed as Attachment 4 - RTC 23-1294.

The purpose of this report is to provide the City Council with information related to the next steps of the process should the City Council wish to move forward with a special election in March 2024.

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23-1295 Agenda Date: 12/5/2023

DISCUSSION
Proposed Ballot Language and Draft Amendments to the Santa Clara City Charter California Elections Code Section 9051 requires that a ballot question not exceed 75 words and shall be a condensed version of the ballot title and summary. California Elections Code Section 13119 (c) also requires that the statement of the measure “shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.”
Based on the recommendations of the Charter Review Committee and feedback from the City Council at its November 7, 2023 meeting, the following two ballot questions are presented for the City Council’s consideration:

Measure 1
Measure 2
The proposed ballot questions, if approved by voters, would require changes to various sections of the City Charter. A red-line version of those changes which shows the difference between the current version of the City Charter and the proposed version (if approved by voters) is enclosed as Attachment 5.

For the sake of transparency and ease of understanding, Attachment 6 is a red-line version of the Charter sections that would be changed if voters only approve the ballot measure related to the City Clerk position while Attachment 7 is a red-line version of the Charter sections that would be amended if voters approve the ballot measure related to the Chief of Police.

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Yes
Snalll an amendment to the City Charter prov1iding that the City Clerk positiion be appointed by the City Manager be adopted?
No
Yes
Shall an amendment to the City Charter providing that the Poliice Chief position be a1Ppointed by the City Manag1er be adopted? No
23-1295 Agenda Date: 12/5/2023
The proposed Charter Amendments would not take effect, unless and until, approved by a vote of at least 50% plus one of the voters voting on the questions at the election.

Should one, or both, of the proposed ballot measures pass the approval threshold, the changes to the Charter would go into effect immediately. However, for both legal and practical reasons, and in order to allow for an orderly and timely transition, it is recommended that the current incumbents continue in their positions for the remainder of their terms. This would allow sufficient time to develop appropriate job specifications as well as to conduct a robust recruitment and selection process for each position.

Calling of an Election
As noted earlier, the original schedule for the Committee set a date of November 14, 2023 for the City Council to consider whether to call for a special election. However, a written petition was submitted by Vice Mayor Park on October 19, 2023 requesting that the hearing be delayed in order to allow in-person participation of all Councilmembers (Attachment 8 - 030 Written Petition dated 10/19/23).

On November 7, 2023, the City Council took action to defer consideration of a special election until December 5, 2023. In anticipation of possible Council action, the staff report transmitting the Committee’s report included a recommendation that the City Council provide feedback on the Committee’s recommendations so that appropriate materials could be developed for a December 5, 2023 meeting.

With respect to calling for a special election in March 2024, it is important to note the following:

1. The City Council must adopt a resolution calling for a special municipal election, requesting consolidation with the Santa Clara County Presidential Primary Election and requesting that the Santa Clara County Registrar of Voters provide election services.

2. The City’s resolution must be received by the Registrar of Voters no later than 5 p.m. on December 8, 2024; with arguments due by 5 p.m. on December 12, 2024; and rebuttal arguments and impartial analysis due by 5 p.m. on December 19, 2024. Due to the deferred action in considering the call for a special election, there will be less time available to comply with the Registrar of Voters deadlines for arguments, rebuttal arguments and the impartial analysis.

3. In accordance with Elections Code Section 9285(a), the City Clerk as the local Elections Official, has set the following deadlines:

Resolution Adoption: December 5, 2022
Ballot Arguments (for and against): December 11, 2023 by 5:00 p.m.

Ballot Rebuttals (for and against): December 18, 2023 by 5:00 p.m.

City Attorney’s Impartial Analysis: December 18, 2023 by 5:00 p.m.

All documents are due to the Office of the City Clerk by the deadlines set forth above.

4. The City Council must take action at the scheduled December 5th meeting on the required resolution or continue the meeting to a date and time certain prior to December 7 to allow sufficient time for the City Clerk to prepare and submit the election materials to the County City of Santa Clara Page 3 of 6 Printed on 12/1/2023
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23-1295 Agenda Date: 12/5/2023
Registrar of Voters by December 8, 2023.

Enclosed as Attachment 9 is a draft resolution should the City Council wish to proceed with ballot questions for both the City Clerk and Chief of Police positions. Attachment 10 is a draft resolution should the City Council wish to proceed only with a ballot question related to the City Clerk position and Attachment 11 is a draft resolution should the City Council wish to proceed with only a ballot question on the Chief of Police.

Ballot Argument Process
State Elections Code Section 9282(b) provides for the filing of ballot measure arguments by the following: City Council or any member(s) of the Council authorized by the Council, any individual voter eligible to vote on the measure, bona fide association of citizens or any combination of voters and associations.

The City Council determines whether the Council or members of the Council authorized by the Council will draft the argument supporting the ballot measure or whether it will, instead, allow a third party to do so.

The City Charter and the California Elections Code authorize, but do not require, the City Council to write the argument in support of the ballot measure. If the City Council chooses to write the ballot argument, it should designate a maximum of three Council members to draft the argument. These designees would prepare and sign the argument and submit it to the City Clerk.

Alternatively, the Council may designate the Mayor to sign on behalf of the entire Council. A total of five individuals and/or organizations may sign the ballot argument and the Council may designate which individuals or organization fill any available signature slots.

If the City Council decides not to draft the argument itself, any registered voter or bona fide association of citizens may submit a proposed argument to the City Clerk. If the City Clerk receives multiple proposed arguments, the City Clerk shall select one of the arguments in adherence to Elections Code Section 9287. Th e City Clerk is required to give preference and priority to the arguments of the following:

1. The legislative body, or member or members of the legislative body authorized by that body.

2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.

3. Bona fide associations of citizens.

4. Individual voters who are eligible to vote on the measure.

In accordance with Elections Code Section 9285, the City Clerk will send a copy of the argument in favor of the measure to the authors of the argument against the measure and a copy of an argument against the measure to the authors of the argument in favor of the measure. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument.

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23-1295 Agenda Date: 12/5/2023
Impartial Analysis by the City Attorney
The State Elections Code Section 9280 authorizes the Council to direct the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney is then required to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The authorization is included in the attached resolution(s).

Use of Public Funds for Ballot Measures
Although the City has broad discretion to make public expenditures, as a governmental agency, the City is prohibited from spending public funds for communications that promote a partisan position in an election campaign unless the expenditure is explicitly permitted by law. A public agency may not make expenditures that mount a campaign
on behalf of the passage or defeat of a ballot measure. Communications that expressly advocate for or against a ballot measure are explicitly prohibited. This applies even when the Council has placed a measure on the ballot. California Government Code Section 54964(a) provides that “an officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters.” “Expenditure” is defined in Section 54964(b) as the use of local agency funds for "communications that expressly advocate the approval or rejection of a clearly, identified ballot measure, or the election or defeat of a clearly identified candidate, by the voters.

The City may only use public funds on communications that provide impartial information about the subject matter of a ballot measure, and only if the communication provides a “fair presentation of facts” that is informational rather than promotional.

Conclusion
Should the City Council wish to place one, or both, of these ballot questions on the March 5, 2024 Special Municipal Election ballot, appropriate documentation supporting formal action by the City Council must be received by the Santa Clara County Registrar of Voters no later than December 8, 2024.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact other than staff time.

COORDINATION
This report has been coordinated with the City Manager’s office, the City Clerk’s office, and the City Attorney.

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23-1295 Agenda Date: 12/5/2023

PUBLIC CONTACT
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 [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Adopt a resolution calling for a Special Municipal Election to be held in the City of Santa Clara on Tuesday, March 5, 2024, for the purpose of submitting to the voters two ballot questions related to the positions of City Clerk and Chief of Police; requesting consolidation with the County of Santa Clara Presidential Primary Election and requesting election services from the County of Santa Clara Registrar of Voters; directing the City Clerk to transmit the measures to the City Attorney to prepare the impartial analyses; designating the parties responsible for the preparation of ballot arguments; and approval of the draft amendments to the Santa Clara City Code to incorporate the proposed changes if the measure is approved by the voters.

Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Attachment 1 RTC 23-748

2. Attachment 2 RTC 23-824

3. Attachment 3 RTC 23-913

4. Attachment 4 RTC 23-1294

5. Attachment 5 Red-line of proposed changes - Combined CC & Chief of Police

6. Attachment 6 Red-line of proposed changes - City Clerk only

7. Attachment 7 Red-line of Proposed Changes - Chief of Police only

8. Attachment 8 RTC 23-1358 - 030 Written Petition from Vice Mayor Park

9. Attachment 9 Draft Resolution - Both City Clerk and Chief of Police

10.Attachment 10 Draft Resolution - City Clerk only

11.Attachment 11 Draft Resolution - Chief of Police only City of Santa Clara Page 6 of 6 Printed on 12/1/2023
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-748 Agenda Date: 6/6/2023

REPORT TO COUNCIL

SUBJECT
Presentation on Timelines and Administrative Requirements For Placement of Ballot Measures on the March and/or November 2024 Ballot Including Consideration of Amendments to the City Charter to Change the Police Chief and/or City Clerk from Elected to Appointed Positions and Consideration of an Action to Approve a Work Plan for Same, Including Possible Formation of a Charter Review Committee

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
At its meeting of August 30, 2022, the City Council voted to place on a future agenda discussion of possible ballot measures to change the positions of Police Chief and/or City Clerk from elected to appointed positions. (Attachment #1, Minutes of August 8, 2022 City Council meeting and Attachment #2, related June 24, 2022 written petition).

The City Council has also expressed a desire to consider additional revenue measures during the 2024 election cycle.

The purpose of this report is to provide an overview of the procedural requirements and policy considerations related to the 2024 election cycle in an effort to facilitate Council’s timely deliberation of these issues in alignment with election requirements set by the Santa Clara County Registrar of Voters (ROV).

DISCUSSION
As of February 2023, the ROV has indicated there will be two consolidated elections in 2024 - March 5 and November 5. Proposed Charter amendments can be placed on either ballot; however, according Article XIIIC, section 2(b) of the California Constitution, general tax measures can only be considered during a regularly scheduled general election for the members of the governing body, unless an emergency is declared by unanimous vote of the governing body.

Should the Council wish to place measures on the March 5 ballot, the following deadlines would apply:

Milestone Timeline
Approval of Ballot Language & Call for the
Election
Either regularly scheduled Council meeting
in November 2023 (11/7 or 11/14) or at a
special meeting held no later than
November 27, 2023.

Measure Language Due to the ROV 11/23 - 12/8
Arguments For and Against Due to City
Clerk
14 days following call for the election
Rebuttals and Impartial Analysis 10 days following date arguments are filed City of Santa Clara Page 1 of 6 Printed on 7/5/2023
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23-748 Agenda Date: 6/6/2023 Milestone Timeline
Approval of Ballot Language & Call for the
Election
Either regularly scheduled Council meeting
in November 2023 (11/7 or 11/14) or at a
special meeting held no later than
November 27, 2023.

Measure Language Due to the ROV 11/23 - 12/8
Arguments For and Against Due to City
Clerk
14 days following call for the election
Rebuttals and Impartial Analysis 10 days following date arguments are filed Election March 5, 2024
Should the Council wish to establish a Charter Review Committee to solicit public input on proposed ballot language, additional time would be needed to allow the Committee to complete its work prior to the potential November/December 2023 Council action to call a March 2024 election.

The following chart summarizes the additional milestones and timelines that would be required in the event a Charter Review Committee process is desired:

Action Start End
Direction on the establishment of a Charter Review
Committee and other related actions (listed below)
June 6, 2023 June 6, 2023
Recruitment Process Initiated June 7, 2023 June 29, 2023 Final Selection of CRC Members July 18, 2023 July 18, 2023 Initial Mtg of CRC to Review Workplan & Schedule
Public Input Process
Week of Aug 7
Public Input Sessions August, 2023 September,
2023
Draft CRC Findings September,
2023
September,
2023
Prepare Staff Report October, 2023 October, 2023
Present CRC Findings & Call for Election if
appropriate
November,
2023
December,
2023
This schedule allows for multiple meetings as well as sufficient time to conduct outreach in between meetings should the City Council decide to move forward with one or more measures on the March 5, 2024 ballot.

It should be noted that the original direction from the City Council at the August 30, 2022 meeting included a request that a survey conducted by the Police Officers Association (POA) on the issue of an elected police chief be included prior to a decision being made to call for an election on the issue.

That report is included as Attachment 3.

Charter Review Committee (CRC)
Scope of Work
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23-748 Agenda Date: 6/6/2023
Should the Council choose to utilize a CRC, a foundational step will be to make a final determination as to the scope of the proposed CRC. For example:
· Does the Council wish to focus the work of the CRC on a charter change for the position of Police Chief, the City Clerk or both?
· Does the Council wish to provide direction to the Charter Committee on who the Police Chief and/or City Clerk positions should be appointed by if not elected (e.g., the City Council or the City Manager).

The scope, discussion and public input process would then be focused on the actual charter amendment language related to whether one (or both) of these positions should be changed from elected to appointed positions.

Appointment Process
In the past, the Council has considered the following three processes when appointing CRC members:

Option 1 - Application Process Similar to Boards and Commissions This option follows the process used to appoint potential committee members for other Boards and Commissions (e.g. Planning Commission). The communications and outreach plan would follow the same process used to seek Boards and Commission members and would also communicate clearly the specific role and scope of the CRC. The recruitment process would take approximately four weeks. Following an open recruitment process and verification of eligibility, formal committee appointments would be made at the July 18, 2023 Council meeting. Council would pre-determine the number of CRC members. Staff recommends that an odd number between 7 and 11 appointments be considered.

Option 2 - Mayor and Each Councilmember Nominates One Member, Approved by the Entire Council
This option would enable the Mayor and Council to each nominate one person for the CRC. All nominees would be formally appointed at the July 18 meeting by the full Council. The Council may, at its discretion, either elect to nominate each member at large or by district (with the Mayor’s appointment at large). If this option is selected, staff would request that the names of Council nominees be provided to the City Clerk no later than July 7, 2023. The Assistant City Clerk would then verify eligibility and place the appointment of CRC members on the July 18th Council agenda.

Option 3 - Another process as deemed appropriate by Council The Council may choose to follow another process as deemed appropriate. An example of an alternative process might be a hybrid of Options 1 and 2. In this scenario, the Council may elect to each nominate one individual (7 members) with an additional 4 appointments selected from individuals who apply to serve through a recruitment process. If this Option is selected, staff would again request that the names of proposed members be submitted to the City Clerk no later than July 7, 2023 in order to allow for eligibility to be verified. Formal approval of all appointments would be made at the July 18, 2023 Council meeting.

Eligibility Requirements and Conflict of Interest
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23-748 Agenda Date: 6/6/2023
It is recommended that the Council follow the eligibility requirements for Boards and Commissions which provides that members be qualified electors of the City. Individuals interested in appointment to the CRC would be required to provide two forms of proof of residency (e.g. driver’s license, passport, utility bill, etc.) along with their application. The City Clerk’s Office would then be responsible for validating eligibility of potential applicants.

November 2024 Election
The City Council may also consider placement of measures on the November 5, 2024 ballot. The Council has expressed a particular interest in establishing an ongoing revenue stream to address the City’s backlog of significant unfunded operating, capital and infrastructure needs.

As general tax measures can only be placed on the ballot of a general election, it is recommended that the November 5 ballot be reserved for consideration of potential revenue measures. In the fall of 2023, staff will provide an updated study session on possible revenue measures for Council’s consideration. Based on Council’s direction at that time, additional voter research would be conducted and a coordinated community outreach and education process would be implemented to help inform the development of a formal measure to be placed on the November 2024 ballot.

Staff intends to retain consultant services to conduct voter research and public input processes to inform the City Council’s policy setting process on potential ballot measures for the November 2024 election.

Council Direction
Staff is seeking Council direction on the following issues:

1. Does the Council wish to consider proposed amendments to the City Charter that would change the positions of Police Chief and/or City Clerk from elected to appointed positions? a. If yes, does the Council wish to consider these items on the March or November 2024 ballot at a projected cost of approximately $432,134 including costs associated with printing, translation services, publication of notices, and other related tasks?

2. If the Council chooses to proceed with a measure(s) to amend the City Charter, does the Council wish to establish a Charter Review Committee?
a. If yes, does this Council prefer Option 1, 2 or 3 with respect to the selection process?

3. If a Charter Review Committee is established, does the Council agree that the same eligibility requirements for Boards and Commissions should apply?

4. If the Council chooses to proceed with a measure(s), what is the proposed CRC scope of work?
a. Does the Council wish to focus the work of the CRC on a charter change for the position of Police Chief, the City Clerk or both?
b. Does the Council wish to provide direction to the Charter Committee on who the Police Chief and/or City Clerk positions should be appointed by if not elected (e.g., the City Council or the City Manager).

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA guidelines section 15478(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a City of Santa Clara Page 4 of 6 Printed on 7/5/2023
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23-748 Agenda Date: 6/6/2023
potential significant impact on the environment.

FISCAL IMPACT
The ROV has estimated the cost for two measures on the March 5, 2024 ballot to be approximately $362,000. In addition to this amount, the City would incur approximately $60,000-70,000 for costs associated with printing, translation services, the publication of notices, another other related costs for a total of approximately $432,000. It is important to note that this amount is an estimate only based on projected registration and available information. It is subject to change upon final billing of the actual charges after the election. If approved, budget amendments will be brought separately to the City Council for approval.

COORDINATION
This report has been coordinated with the City Clerk’s Office, the City Attorney’s Office and the City Manager’s Office.

ALTERNATIVES

1. Do not proceed with a charter amendment for either the position of Police Chief or City Clerk.

2. If the Council chooses to proceed with a measure(s) to amend the City Charter, direct staff to proceed with a proposed public input process, including the establishment of a CRC, to consider an amendment to the City Charter on the March 5, 2024 ballot that would change the positions of Police Chief and/or City Clerk from elected to appointed positions with the scope, size and method of appointment for the CRC to be defined by the City Council.

3. If the Council chooses to proceed with a measure(s) to amend the City Charter, direct staff to proceed with a proposed public input process to consider an amendment to the City Charter but without a CRC.

4. Other direction as deemed appropriate by Council.

RECOMMENDATION
If the Council chooses to proceed with a measure(s) to amend the City Charter, direct staff to proceed with a proposed public input process, including the establishment of a CRC, to consider an amendment to the City Charter on the March 5, 2024 ballot that would change the positions of Police Chief and/or City Clerk from elected to appointed positions with the scope, size and method of appointment for the CRC to be defined by the City Council.

Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jōvan Grogan, City Manager

ATTACHMENTS

1. Minutes of August 30, 2022 City Council meeting

2. RTC 22-858 re 030 Written Petition dated 6/24/22
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23-748 Agenda Date: 6/6/2023

3. POA Survey
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ATTACHMENT 1
City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent &
Special Stadium Authority Meeting
08/30/2022 3:30 PM Hybrid Meeting
City Hall Council ChambersNirtual
1500 Warburton Avenue
Santa Clara, CA 95050
The City of Santa Clara will be conducting City Council meetings in a hybrid manner (in-person and continued to have methods for the public to participate remotely). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9135, Councilmembers may teleconference from remote locations and the City continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1 (669) 900-6833
• Via the City's eComment (now available during the meeting) • Via email to [email protected]
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.

NOTICE IS HEREBY GIVEN that, pursuant to the provIsIons of California Government Code §54956 ("The Brown Act") and Section 708 of the Santa Clara City Charter, the Chair calls for a Special Meeting of the Governing Board of the Stadium Authority, to commence and convene on August 30, 2022, at 3:30 PM for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.

Closed Session - 3:30 PM I Regular Meeting - 7:00 PM
3:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 3:34 PM.

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Roll Call

Present: 6 - Council/Boardmember Kathy Watanabe, Council/Boardmember Karen Hardy, Council/Boardmember Kevin Park, Vice Mayor/Chair Suds Jain, Council/Boardmember Anthony Becker, and
Mayor Lisa M. Gillmor

Absent: 1 - Councilmember Raj Chahal
A motion was made by Council/Boardmember Hardy,
seconded by Council/Boardmember Park, to excuse Council/ Boardmember Chahal from the meeting.

Aye: 6 - Council/Boardmember Watanabe, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/ Boardmember Becker, and Mayor/Chair Gillmor

Absent: 1 - Council/Boardmember Chahal

1.A 22-1095 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code§ 54957.6
City of Santa Clara
City representative: City Manager's designee
Employee Organization(s):

Unit #1-Santa Clara Firefighters Association , IAFF, Local 1171 Unit #2-Santa Clara Police Officer's Association
Unit #3-IBEW Local 1245 (International Brotherhood of Electrical Workers) Unit #4-City of Santa Clara Professional Engineers
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #6-AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9-Miscellaneous Unclassified Management Employees Unit #9A-Unclassified Police Management Employees
Unit #9B-Unclassified Fire Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees Association) (Deferred from August 16, 2022)
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1.B 22-1100
City of Santa Clara
Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code§ 54956.9(d)(1) .

Forty Niners Stadium Management Company LLC, et al., v. City of Santa Clara, et al. Santa Clara County Superior Court Action No. 19CV355432; Forty Niners Stadium Management Company LLC, et al. v. Santa Clara Stadium Authority, et al., Santa Clara County Superior Court Action No. 17CV304903; and Forty Niners Stadium Management Company LLC v.

Santa Clara Stadium Authority, JAMS Case No. 1110024318 (Continued from August 16, 2022)
Public Speaker expressed comments of concern regarding settlement offer from the San Francisco 49ers.

Teresa O'Neill expressed comments of concern regarding settlement offer from the San Francisco 49ers and have a public process to discussing the settlement offer.

Larry McColloch requested Councilmembers whom have had private meetings with the San Francisco 49ers should refrain from voting on the settlement agreement.

Public Speaker expressed comments to settle the lawsuit and bring live events to Santa Clara.

Public Speaker expressed comments to settle the lawsuit and bring weekend events to help local hotels.

Jas Sajjan expressed comments to bring live events back to Santa Clara.

Harbir Bhatia expressed comments to settle the lawsuit and build economic growth in the City.

Zoom user expressed comments to settle the lawsuit and bring live events to Santa Clara.

SD expressed comments to settle the lawsuit and work with the San Francisco 49ers to build economic benefit in the City.

Christian Pellecchia requested the Council to be more transparent regarding decision-making.

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City of Santa Ciara
Jordan Wong expressed comments to settle the lawsuit and bring weekend events to help local hotels.

Shawn Romeo expressed comments to settle the lawsuit and bring weekend events to help local hotels.

Kirk Vartan expressed comments of concern regarding settlement offer from the San Francisco 49ers.

Lori Garmany expressed comments to settle the lawsuit and work with the San Francisco 49ers.

Justin Hart expressed comments to settle the lawsuit and bring weekend events to help local hotels.

Jasbir Bhatia expressed comments to settle the lawsuit and work with the San Francisco 49ers.

Kathy Kelsey expressed comments that the settlement discussion be conducted in public.

Monica (eComment) expressed comments that the settlement discussion cannot occur in public.

John Galt (eComment) expressed comments to settle the lawsuit.

Harold Lunt (eComment) expressed comments of concern of the offer from the San Francisco 49ers.

Mark Kelsey (eComment) expressed comments requesting the discussion on the settlement to be done in public.

Assistant City Clerk Pimentel noted that the City Clerk's Office received 101 emails in support of settlement and save live events, 235 public comment emails in support of Item 1. B, and 13 additional non-form letter emails.

Edward Strine expressed comments of concern regarding the voting process.

Council comments and questions followed.

City Manager Batra and Interim City Attorney Ngo addressed the Council questions.

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Council comments continued.

A motion was made by Council/Board member Watanabe, seconded by Mayor/Chair Gillmor, to table this discussion as an informational session in an open meeting before making a decision.

Aye: 2 - Council/Board member Watanabe, and Mayor/Chair Gillmor Nay: 4 - Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, and Council/Boardmember Becker
Excused: 1 - Council/Boardmember Chahal
Motion Fails.

Public Comment
Convene to Closed Session (Council Conference Room)
Council/Board convened to Closed Session.
7:00 PM COUNCIL REGULAR/SPECIAL STADIUM AUTHORITY MEETING Call to Order
Mayor/Chair Gillmor called the open session to order at 7:42 PM.

Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.

Council/Boardmember Watanabe recited the Statement of Values.

Assistant City Clerk/Secretary Pimentel recited the AB 23 Annoucement and Behavioral Standards.
08/30/2022
Assistant City Clerk/Secretary Pimentel noted that any registered Lobbyist must identify themselves and whom they represent when speaking at a Public Meeting.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
City of Santa Clara
Interim City Attorney Ngo noted that there was no reportable action from Closed Session.

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CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
Mayor Gillmor moved up Item 11 to after Public Presentations.

Mayor Gillmor requested a moment of silence for the loss of Glenda Cresap (Heart of the Valley - Retired Executive Director).

SPECIAL ORDER OF BUSINESS

2.A 22-954

2.8 22-1046

2.C 22-836

2.D 22-650
City of Santa Clara
Recognition of Intel Corporation for Donation of At-Home Test Kits to Support City's COVID-19 Emergency Response
Mayor Gillmor recognized Intel Corporation for donation of At-Home COVID-19 Testing Kits.

Chief Emergency Services Officer Schoenthal made a brief presentation and acknowledged Security Operations Manager (Intel) Dan Winter (on behalf of Intel) donation to the City.

Verbal Report from the Chief Emergency Services Officer regarding COVID-19 Pandemic
Chief Emergency Services Officer Schoenthal gave a verbal update on COVID-19 and will provide the next update in 60 days.

Council questions and comments followed.

Chief Emergency Services Officer Schoenthal and Emergency Services Management Analyst Guzman addressed Council questions.

Verbal Report Update from City Manager Regarding the Local Drought Emergency
Assistant Director of Water and Sewer Shi I pa gave a verbal update on the Local Emergency Drought.

Council comments followed .

Proclamation of September 2022 as Community Preparedness Month Mayor Gillmor proclaimed September 2022 as Community Preparedness Month.

Chief Emergency Services Officer Schoenthal and Emergency Services Management Analyst Guzman accepted the proclamation.

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CONSENT CALENDAR

3.A
Mayor Gillmor noted that she will be abstaining from Item 3.M due to a potential conflict of interest as her property is within 1,000 ft of subject property.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve the Consent Calendar.

Aye: 6 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Council member Becker, and Mayor Gillmor Excused: 1 - Councilmember Chahal
22-404 Action on the Council and Authorities Concurrent & Special Stadium Authority Meeting Minutes of May 10, 2022, Special City Council Meeting Minutes of May 16, 2022, and Special City Council Meeting Minutes of May 17, 2022
Recommendation: Approve the Meeting Minutes of:

3.8 3.C
May 10, 2022 Council and Authorities Concurrent & Special Stadium Authority Meeting;
May 16, 2022 Special City Council Meeting; and
May 17, 2022 Special City Council Meeting
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
22-898
Parks & Recreation Commission - July 19, 2022
Board of Library Trustees - June 9, 2022
Senior Advisory Commission - July 25, 2022
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

Action on Bills and Claims Report (CC, SCSA, HA) for the period June 4, 2022 - July 15, 2022
Recommendation: Approve the list of Bills and Claims for June 4, 2022 - July 15, 2022.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

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3.0 3.E
22-976 Action on a Resolution to Amend Resolution No. 22-9131 Ordering the Summary Vacation of Centennial Boulevard between Tasman Drive and Stars and Stripes Drive, a Portion of Stars and Stripes Drive, and a Portion of Tasman Drive
Recommendation: Adopt a Resolution to Amend Resolution No. 22-9131 ordering the 22-332
summary vacation of Centennial Boulevard between Tasman Drive and Stars and Stripes Drive, and a portion of Stars and Stripes Drive [vicinity of APN104-03-036, 037, 038, 039, and 040 (2020-21 )]; and a portion of Tasman Drive [vicinity of APN104-03-036, 037, and 038 (2021-22)] SC21-0025.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to adopt Resolution No. 22-9138 amending Resolution No. 22-9131 ordering the summary vacation of Centennial Boulevard between Tasman Drive and Stars and Stripes Drive, and a portion of Stars and Stripes Drive [vicinity of APN104-03-036, 037, 038, 039, and 040 (2020-21 )]; and a portion of Tasman Drive [vicinity of APN104-03-036, 037, and 038 (2021-22)] SC21-0025.

Approve the 2022 Agreement with the County of Santa Clara to accept County funding for the purchase of Emergency Medical Services equipment and Related Budget Amendment
Recommendation: 1. Approve and authorize the City Manager to execute the 2022 Agreement between the County of Santa Clara and City of Santa Clara to accept County funding for the purchase of Emergency Medical Services equipment in the amount of $38,811 for FY 2021/22;

2. Approve the related FY 2021/22 budget amendment in the Fire Operating Grant Trust Fund to increase the Other Agencies Revenue by $38,811 and establish an Emergency Medical Services County Patient Care System 2022 appropriation in the amount of $38,811 (five affirmative Council votes required to appropriate additional revenue); and

3. Authorize the City Manager to negotiate and execute amendments to the Agreement on behalf of the City; subject to Council appropriation of funds.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

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3.F 22-972 Action on Agreements with Banksia Landscape for Landscaping Maintenance Services, and with Cagwin & Dorward for Tree Maintenance Services, at the Santa Clara Convention Center Complex - Maintenance District No. 183
Recommendation: 1. Authorize the City Manager to execute an agreement with Banksia Landscape for landscaping maintenance services at the Santa Clara Convention Center Complex - Maintenance District No. 183 for an initial one-year term, with maximum compensation not-to-exceed $241,894;

2. Authorize the City Manager to execute an agreement with Cagwin & Dorward for tree maintenance services at the Santa Clara Convention Center Complex - Maintenance District No. 183 for an initial one-year term, with maximum compensation not-to-exceed $83,906; and

3. Authorize the City Manager to exercise up to four one-year options to extend the term of both agreements after the initial term, subject to the appropriation of funds.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

3.G 22-164 Action on Agreements for Services with Aspen Environmental Group and Panorama Environmental, Inc. to Provide As-Needed Environmental Consulting Services
Recommendation: 1. Authorize the City Manager to Negotiate and Execute an As-Needed Environmental Consulting Services Agreement with Aspen
Environmental Group in an amount not to exceed $1,500,000 for a five-year period;
City of Santa Clara

2. Authorize the City Manager to Negotiate and Execute an As-Needed Environmental Consulting Services Agreement with Panorama Environmental, Inc. in an amount not to exceed $500,000 for a five-year period;

3. Authorize the City Manager to execute amendments to extend the term of the Agreements for up to one additional year or longer if required to complete projects initiated during their term; and

4. Authorize the City Manager to execute amendments to increase total maximum compensation by $500,000 for a total maximum
compensation of $2,500,000 for both agreements subject to appropriation of funds if required to (a) add or delete services or (b) allow for future rate adjustments.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

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3.H

3.1 22-979 Action on Amendment No. 1 to Agreement with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Functional Devices Recommendation: Authorize the City Manager to execute Amendment No. 1 to the Agreement with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Function Devices to increase the maximum compensation by $750,000 for a revised maximum compensation of $2,150,000, and extend the term of the agreement through August 31 , 2024, subject to the appropriation of funds.
22-579
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

Action on Amendment No. 2 to the Agreement with ELB US Inc. for Enterprise Audio-Visual Professional Services at City facilities and Approve the Related Budget Amendment
Recommendation: 1. Authorize the City Manager to execute Amendment No. 2 to the Agreement with ELB US Inc. for Enterprise Audio-Visual Professional Services to extend the term of the agreement by two years ending on June 30, 2025, and to execute Call No. 22.1 for Enterprise Audio- Visual Professional Services in Santa Clara City Library Facilities and Council Chambers for a maximum compensation not-to-exceed $385,604 and subject to budget appropriations; and

2. Authorize the City Manager to execute future Calls not-to-exceed $100,000 per Call throughout the term of the agreement without further Council action and subject to the appropriation of funds .

3. Authorize the City Manager to extend the term of the agreement, if required, to match the end date of any Call issued prior to June 30, 2025 but has an end date that extends beyond the contract term. No new Calls will be issued after June 30, 2025.

4. Approve the FY 2022/23 budget amendment in the Public, Educational and Governmental Fee Fund to appropriate $287,604 from the unrestricted fund balance (five affirmative Council votes required for the use of unused balances).

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

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3.J 22-853 Action on Amendment No. 1 to Agreement with US Digital Designs, Inc. for a Fire Station Alerting System and Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with US Digital Designs, Inc. for a Fire Station Alerting System to increase the amount of the Agreement by $89,726.02 for a revised not-to-exceed compensation of $754,893.56.

2. Authorize the City Manager to spend a contingency amount of $75,489 in the event that additional hardware and related services are required prior to project completion, subject to the appropriation of funds.

3. Approve the FY 2022/23 budget amendment in the Fire Capital Fund to increase the transfer from the General Fund and increase the CAD Alerting System Upgrade capital project appropriation by $73,613 (five affirmative Council votes required to appropriate additional revenue).

4. Approve the following FY 2022/23 budget amendment in the General Fund to increase the transfer to the Fire Capital Fund and decrease the Land Sale Reserve by $73,613 (five affirmative votes required for the use of unused balances).

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

3.K 22-922 Action on Designating a Voting Delegate for the 2022 League of California Cities Annual Business Meeting and City Positions on Proposed Bylaws Amendments
Recommendation: 1. Designate Councilmember Kevin Park to serve as the voting delegate to represent the City of Santa Clara at the 2022 League of California Cities Annual Business Meeting; and
City of Santa Clara

2. Approve a "Support" position for the proposed bylaws amendments outlined in the attached 2022 Annual Conference and Expo Proposed Bylaws Amendments packet which will 1) designate the Second Vice-President as the Resolutions Committee chair, while retaining the President's authority to appoint the vice chair of the Resolutions Committee; 2) adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members; 3) provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; 4) replace the title "Second Vice-President/Treasurer" with "Second Vice President"; and 5) replace the term "board member(s)" with "Director(s)"; and authorize the City's voting delegate to cast a vote consistent with the Council's adopted position.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

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3.L 22-931 Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) program in a form substantially similar to the attached draft MOU
Recommendation: Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) program in a form substantially similar to the attached draft MOU
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

3.M 22-971 Action on Historic Resource Inventory Property Designation and Historical Preservation Agreement (Mills Act) for 1091 Jefferson Street

3.N
Recommendation: 1. Approve the addition of the property located at 1091 Jefferson Street to the City's HRI; and

2. Authorize the City Manager to execute a Mills Act Contract and adopt the 10-Year Restoration and Maintenance Plan associated for the property at 1091 Jefferson Street.

Mayor Gillmor noted she will be abstaining from Item 3.M due to a potential conflict of interest as her property is within 1,000 ft of subject property.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

Aye: 5 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Excused: 1 - Councilmember Chahal
Abstained: 1 - Mayor Gillmor
22-923 Note and File Informational Report to Council on Modifications to the Police Department's Unmanned Aircraft System Program Policy Recommendation: Note and file informational report to Council on adjustments to Santa Clara Police Department Policy #606, Unmanned Aircraft System Operations.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.

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3.0 22-2029
Recommendation:

Action on the Introduction of an Ordinance Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California" to Implement New Purchasing Requirements and Update Administrative Language
Introduce an Ordinance Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 ("Administration and Personnel") of ''The Code of the City of Santa Clara, California" to Implement New Purchasing Requirements and Update Administrative Language.

A motion was made by Councilmember Becker, seconded by
Councilmember Park, to Pass to Print Ordinance No.2050 Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California" to Implement New Purchasing Requirements and Update Administrative Language.

PUBLIC PRESENTATIONS
Priya expressed comments of concern regarding matters discussed in Closed Session.

Betsy Megas noted that she emailed information to Councilmembers on the ballot regarding transportation management.

CONSENT ITEMS PULLED FOR DISCUSSION
None.

PUBLIC HEARING/GENERAL BUSINESS
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4. 22-605 Action on a Resolution Adopting the Pruneridge Avenue Complete Streets Plan and Selection of a Preferred Design Concept
Recommendation: Alternative 1: Adopt a resolution adopting the Pruneridge Avenue Complete Streets Plan; and
select one of the following
Alternative 5: Concept 2 (Two lanes, center turn lane, and buffered bike lanes) as the preferred alternative;
or
Alternative 7: Concept 4 with buffered bike lanes (Hybrid Option - Two lanes between Pomeroy Avenue and Luther Drive, four lanes between Gamblin Drive and Saratoga Avenue, two lanes between Harold Avenue and Winchester Boulevard, center turn lane, buffered bike lanes along the entire study area, and parking removal on the south side of Pruneridge Avenue between Saratoga Avenue and Harold Avenue) as the preferred alternative.

Mayor Gillmor recused herself from the dais due to a potential conflict of interest as FPPC is determining whether she can vote on Pruneridge related items.

Vice Mayor Jain presided over this item.

Director of Public Works Mobeck provided an introduction to this item and Assistant Director of Public Works Liw gave a Powerpoint presentation.

Council comments and questions followed.

Assistant Director of Public Works Liw addressed Council questions.

Public Speaker(s): Gabriela Landaveri
Betsy Megas
Mikael Bengtson
Rosie Chen
Alexis Tan
Vincent Chen
Sahana Moogi
Jessie
Council comments and questions followed.

Kathryn Hedges
Thomas Granvold
Erik Lindskog
Marylou Avanzino
Public Speaker (2)
Ray Hosler (eComment)
Kirk Vartan (E-Mail)
Assistant Director of Public Works Liw addressed Council questions.

Public Speaker(s): George Stoyko
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11. A motion was made by Councilmember Hardy, seconded by Councilmember Park, to adopt Resolution No. 22-9139 adopting the Pruneridge Avenue Complete Streets Plan.

Aye: 5 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
Council comments followed.

A motion was made by Councilmember Hardy, seconded by
Councilmember Jain, to adopt Concept 4 with buffered bike lanes (Hybrid Option - Two lanes between Pomeroy Avenue and Luther Drive, four lanes between Gamblin Drive and Saratoga Avenue, two lanes between Harold Avenue and Winchester Boulevard, center turn lane, buffered bike lanes along the entire study area, and parking removal on the south side of Pruneridge
Avenue between Saratoga Avenue and Harold Avenue) as the preferred alternative.

Aye: 4 - Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Nay: 1 - Councilmember Watanabe
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
22-984
Vice Mayor Jain called for a 5 minute recess at 9:54 PM.

Mayor Gillmor returned to the dais and presided over the meeting.

Action on a Written Petition (Council Policy 030), Submitted by Victor Ojakian Requesting to Place an Agenda Item on a Future Council Meeting for Council to Adopt a City Suicide Prevention Policy
Recommendation: Staff makes no recommendation.

A motion was made by Councilmember Park, seconded by
Councilmember Hardy, to agendize the Written Petition for Council to consider adopting a City Suicide Prevention Policy for a future Council and Authorities Concurrent meeting agenda.

City of Santa Clara Page 15 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
10 Aye: 5 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Mayor Gillmor
Excused: 1 - Councilmember Chahal

Absent: 1 - Councilmember Becker
22-983 Action on a Written Petition (Council Policy 030), Submitted by Lee Broughman Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss the Issue of Council Person Karen Hardy and Raj Chahal Attendance as a Guest of 49ers at a Game on November 15, 2021 in Violation of Santa Clara City Council Gift Policy and reprimand for these violations
Recommendation: Staff makes no recommendation .

Item deferred to the next Council and Authorities Concurrent Meeting.

Written Petitioner Victor Ojakian provided comments on his written petition request to adopt a written City Suicide Prevention Policy. (Item 11) City of Santa Clara Page 16 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022

5. 22-623 Action to Consider Possible Financial Assistance Options Related to the Replacement of a Private Concrete Wall Adjacent to Pruneridge Avenue in the Laurel Park East Neighborhood and Potential Delegated Authority for a Budget Amendment
Recommendation: 1. Any one of Alternatives 1 through 4; Alternative 5; and Alternative 6 (only if one of Alternatives 1 through 4 is selected).

City of Santa Clara

2. Delegate authority to the City Manager to execute a budget amendment, offset by the General Fund Land Sale Reserve, based on any potential scenario not to exceed $95,548, if approved by the City Council. Under Article XIII of the City Charter, the City Council must first approve any budget amendment or supplement by at least five (5) affirmative votes.

Mayor Gillmor recused herself from this item due to a potential conflict of interest as her property is near Pruneridge Avenue and left the dais at 10:04 PM.

Vice Mayor Jain presided over the item.

Director of Public Works Mobeck gave a Powerpoint presentation.

Council comments and questions followed.

Director of Public Works Mobeck addressed Council questions.

Jared Peters (property owner) gave a verbal report.

Public Speaker(s): Public Speakers (2)
A motion was made by Councilmember Becker to approve Alternative 3:
reimburse property owners 100% for permits, demolition, and temporary fencing and 50% for wood fencing and staining costs (not to exceed $95,548).

Motion failed due to a lack of second.

Council comments and questions followed.

A motion was then made by Councilmember Becker, seconded by Vice Mayor Jain, to approve Alternative 2: reimburse property owners 50% (not to exceed $70,494) of the project cost.

City Manager Batra, Interim City Attorney Ngo, Director of Public Works Mobeck, and Jared Peters addressed Council questions.

Page 17 ends

Council and Authorities Concurrent
Meeting
Meeting Minutes
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve Alternative 2: reimburse property owners 50% (not to exceed $70,494) of the project cost.

Aye: 3 - Councilmember Watanabe, Vice Mayor Jain, and Councilmember Becker
Nay: 2 - Councilmember Hardy, and Councilmember Park
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
Motion failed due to requiring five affirmative votes.

Council comments and questions followed.

Director of Public Works Mobeck and Interim City Attorney Ngo addressed Council questions.

A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve Alternative 1: reimburse property owners 25% (not to exceed $35,247) of the project cost.
08/30/2022

Aye: 4 - Councilmember Watanabe, Councilmember Hardy, Vice Mayor Jain, and Councilmember Becker
Nay: 1 - Councilmember Park
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
City of Santa Ciara
A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to approve Alternative 5: authorize tree related work described in this report that will be performed by City contractors through existing contracts and budgets

Aye: 5 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor

Page 18 ends

Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes
Council comments and questions followed.

Director of Public Works Mobeck and Interim City Attorney Ngo addressed Council questions.

A motion was by Councilmember Becker, seconded by Hardy, to approve Alternative 6: authorize the City Manager to execute reimbursement agreements with individual property owners, as necessary and consistent with this Report, not to exceed the total reimbursement amount authorized by Council and staff
recommendation 2: delegate authority to the City Manager to execute a budget amendment, offset by the General Fund Land Sale Reserve, based on any potential scenario not to exceed $95,548, if approved by the City Council. Under Article XIII of the City Charter, the City Council must first approve any budget amendment or supplement by at least five (5) affirmative votes.
08/30/2022

Page 19 ends

Council and Authorities Concurrent &
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Meeting Minutes 08/30/2022

6. 22-839 Action on Written Petition Regarding Street Tree Canopy Advocacy Recommendation: Alternative 1: Note and file this staff report.

Craig Larsen and Charlotte gave a Powerpoint presentation.

Director of Public Works Mobeck provided a brief verbal report.

Council questions followed.

Director of Public Works Mobeck addressed Council questions.

Public Speaker(s): George Stoyko spoke on Item 5
Council comments followed.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to note and file the report.

Aye: 6 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor Excused: 1 - Councilmember Chahal
WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS SUBMITTED BY THE

PUBLIC/COUNCIL

7. 22-858 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the Possibility of a Ballot Measure to Change the Chief of Police and City Clerk Position from Elected to Appointed Recommendation: Staff makes no recommendation .

City of Santa Clara
Vice Mayor Jain provided a verbal report to discuss the possibility of a Ballot Measure to change the Chief of Police and City Clerk position from Elected to Appointed.

Council comments followed .

Public Speaker(s): Chief of Police Nikolai
Lori Garmany
Susan Hinton (eComment)
City Clerk Hosam Haggag
A motion was made by Councilmember Park, seconded by
Councilmember Jain, to place the written petition on a future agenda and include police survey.

Page 20 ends

Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022

8. 9.

Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Changing the Parking Policy Since Providing Free Parking at the Convention Center is Very Expensive
Recommendation: Staff makes no recommendation.

Vice Mayor Jain provided a verbal report on his written petition to discuss changing the Parking Policy since providing free parking at the Convention Center is very expensive.

A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to place this request on a future Council and Authorities Concurrent Meeting agenda.

Aye: 4 - Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Nay: 2 - Councilmember Watanabe, and Mayor Gillmor
Excused: 1 - Councilmember Chahal
22-875 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss how to Change the Noticing Policy so as to Reach More People
Recommendation: Staff makes no recommendation.

Vice Mayor Jain provided a verbal report on his written petition requesting to discuss how to change the Noticing Policy so as to reach more people.

Public Speaker(s): Lori Garmany
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to agendize the written petition to a future priority setting session.

REPORTS OF MEMBERS AND SPECIAL COMMITTEES
None.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT
08/30/2022
City Manager Batra noted the Police Department's quick response to aid re-connecting a member of the public with her family.
22-903
22-1104

ADJOURNMENT
Update on City Council and Stadium Authority Staff Referrals Tentative Meeting Agenda Calendar (TMAC)
The meeting was adjourned at 11 :59 PM .

A motion was made by Council/Boardmember Becker, seconded by Vice Mayor/Chair Jain, to adjourn the meeting.

Aye: 6 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor Excused: 1 - Councilmember Chahal
The next regular scheduled meeting is on Tuesday, September 13, 2022 in the City Hall Council Chambers.

City of Santa Clara Page 22 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting

MEETING DISCLOSURES
Meeting Minutes 08/30/2022
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 .

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 [email protected] <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. ~ Assistant City Clerk/Secretary
City of Santa Clara Page 23 Printed on 11/20/2022

REPORT TO COUNCIL

SUBJECT
..Title
Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the Possibility of a Ballot Measure to Change the Chief of Police and City Clerk Position from Elected to Appointed
..Report

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public or Council may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.

DISCUSSION
The City Clerk’s Office received a Council Written Request on June 24, 2022 requesting to place an agenda item at a future council meeting to Discuss the Possibility of a Ballot Measure to Change the Chief of Police and City Clerk positions from Elected to Appointed
(Attachment 2).

In the request, Vice Mayor Jain states:

Santa Clara is the only city in the State of California with an elected Chief of Police.

Also is seems that only 28% of California cities have elected City Clerks which means

2.5 times as many cities have non-elected clerks than elected clerks.

State Law says that a person needs to be a resident of the City of Santa Clara in order to run for the office of Chief of Police. I imagine that when the provision was put in our Charter for an elected Chief of Police, most of the police officers lived in the City.

Currently there are only 12 sworn officers (including the Chief) out of a force of 153 sworn who live in the City.

The ranks of officers currently living in the City are as follows:

Police Chief - 1
Police Captain - 1
Police Lieutenant - 2
ATTACHMENT 2
Police Sergeant - 1
Police Officer – 7
This seems to me to be a very limited pool to draw from and, when considering management experience, the pool shrinks even further.

I believe that Santa Clara should be able to recruit from the best police forces in the Nation for our Police Chief just like all the other cities in California do.

The Santa Clara County Sherriff has had numerous complaints and yet she kept getting re-elected. Eventually, the entire board of Supervisors voted unanimously that they had lost confidence in her and she is retiring. This shows that the power of incumbency and that name recognition can keep someone in office who probably should not be there. I explain this because the residents of Santa Clara often claim that having an elected Chief of Police makes them more accountable to the residents.

The current City Clerk position is part-time and this person handles only election related matters while the bulk of the traditional City Clerk duties (like meeting agendas and packets, meeting minutes, meeting voting, are handled by a professional Assistant City Clerk who is fulltime and is supported by a number of staff members. It makes little sense to me for the City Clerk to be someone who ran for office and is thus a political person who had to raise money and get endorsements. There are no requirements for experience or training before being elected to the position. There are also no requirements as to how many hours the City Clerk works, nor office hours held nor meeting attendance. There is essentially no accountability to anyone except to the voters every 4 years or via recall and I believe the bar for recall is extremely high.

Clearly a super-majority of cities in California have chosen to make this position appointed/hired rather than elected and I believe for good reason.

I would like to have a discussion about the possibility of a ballot measure to change the Chief of Police and City Clerk positions from elected to appointed.

FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except for staff time.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.

PUBLIC CONTACT
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 report to Council may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] mailto:[email protected].

ALTERNATIVES

1. Set a future Council meeting date to take action on the Written Petition received.

2. Take no action.

3. Any other City Council Action, as determined by the City Council.

RECOMMENDATION
..Recommendation
Staff makes no recommendation.
..Staff
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Policy and Procedure 030 - Adding an Item on the Agenda

2. Council Written Request submitted by Vice Mayor Jain dated June 24, 2022 ***CONFIDENTIAL***
Internal Poll Results
Santa Clara
June 20, 2022
ATTACHMENT 3

CONNECT CONNECT
~-
Santa Clara What is the most important issue
facing Santa Clara Today?
***CONFIDENTIAL***
By Age
Column% 18-34 35-44 45-54
Homelessness 42% 49% 32%
Public Safety 18% 18% 34%
Roads/Traffic 26% 7% 20%
Comm. Issues/parks 2% 12% 1%
Other 11 % 13% 14%
By Education Level
Column% HS College Grad+
Homelessness 39% 34% 43%
Public Safety 20% 28% 23%
Roads/Traffic 27% 16% 14%
Comm. Issues/parks 5% 4% 8%
Other 10% 18% 12%
By Ideology
Column% Moderate Liberal Conserv.

Homelessness 44% 32% 44%
Public Safety 27% 15% 34%
Roads/Traffic 13% 27% 15%
Comm. Issues/parks 6% 7% 1%
Other 10% 18% 7%
By Gender
55-64 65+ Column%
32% 37% Homelessness
26% 25% Public Safety
17% 21 % Roads/Traffic
5% 8% Comm. Issues/parks
21 % 10% Other
By Race
Column% White Asian
Homelessness 43% 31 %
Public Safety 18% 34%
Roads/Traffic 19% 17%
Comm. Issues/parks 7% 8%
Other 13% 11%
By Party
Column% Dem.

Homelessness 36%
Public Safety 17%
Roads/Traffic 26%
Comm. Issues/parks 5%
Other 16%
Female
37%
26%
19%
4%
14%
Hispanic
41 %
14%
31 %
2%
12%
lndep.
46%
27%
8%
9%
10%
Male
40%
22%
19%
6%
13%
Other
25%
26%
13%
2%
33%
Repub.
35%
42%
14%
1%
9%
Com
Homel snen 1161
3H JTTI
Public S,f~y Iii
m
Rollds/Tra~ le ti . lssu s/~rt(s t 51
Other Ii
141 11
Santa Clara Do you feel Santa Clara is:
***CONFIDENTIAL***
By Age
Column% 18-34 35-44 45-54
Very safe 13% 19% 23%
Somewhat safe 70% 68% 61 %
Not very safe 14% 11% 14%
Not safe at all 2% 2% 2%
Unsure 1% 0% 1%
By Education Level
Column% HS College Grad+
Very safe 21 % 16% 20%
Somewhat safe 59% 65% 65%
Not very safe 14% 14% 14%
Not safe at all 2% 4% 0%
Unsure 3% 1% 1%
By Ideology
Column% Moderate Liberal Conserv.

Very safe 18% 23% 13%
Somewhat safe 63% 61 % 64%
Not very safe 12% 16% 16%
Not safe at all 4% 0% 5%
Unsure 2% 1% 2%
By Gender
55-64 65+ Column%
17% 24% Very safe
59% 56% Somewhat safe
19% 13% Not very safe
5% 1% Not safe at all
1% 6% Unsure
By Race
Column% White Asian
Very safe 21 % 8%
Somewhat safe 64% 64%
Not very safe 12% 24%
Not safe at all 2% 2%
Unsure 1% 2%
By Party
Column% Dem.

Very safe 25%
Somewhat safe 65%
Not very safe 8%
Not safe at all 2%
Unsure 0%
Female
18%
70%
8%
2%
1%
Hispanic
28%
57%
8%
5%
2%
lndep.
11 %
64%
24%
1%
0%
Male
19%
56%
20%
3%
2%
Other
18%
67%
15%
0%
0%
Repub.
11 %
55%
19%
6%
9%
-
~s re
1ft
Somewh tsare
63'1
No w:rysafe Ii
141 11
Not nr t l I
31 l
Unu I
21 Santa Clara Overall, how would you rate the
performance of the Santa Clara
Police Department?
***CONFIDENTIAL***
By Age
Column% 18-34 35-44 45-54 55-64
Excellent 7% 11 % 12% 22%
Good 35% 25% 49% 39%
Fair 17% 26% 19% 32%
Poor 11% 13% 4% 5%
Unsure 29% 25% 16% 2%
By Education Level
Column% HS College Grad+
Excellent 16% 15% 12%
Good 37% 37% 45%
Fair 19% 25% 23%
Poor 4% 11 % 8%
Unsure 24% 13% 12%
By Ideology
Column% Moderate Liberal Conserv.

Excellent 19% 5% 25%
Good 39% 35% 44%
Fair 24% 20% 23%
Poor 6% 11 % 4%
Unsure 12% 29% 4%
By Gender
65+ Column%
25% Excellent
46% Good
18% Fair
5% Poor
7% Unsure
By Race
Column% White Asian
Excellent 22% 7%
Good 41 % 30%
Fair 18% 23%
Poor 5% 6%
Unsure 13% 34%
By Party
Column% Dem.

Excellent 14%
Good 38%
Fair 21 %
Poor 7%
Unsure 21 %
Female
16%
41 %
26%
5%
12%
Hispanic
7%
54%
28%
10%
0%
lndep.
15%
35%
24%
11%
15%
Male
14%
37%
18%
10%
21 %
Other
3%
48%
33%
8%
7%
Repub.
19%
48%
23%
5%
5%
Ex.0eU n Iii
151 11
"= tttl
fir tt 221
Poor I "
lbu~ rn It
Santa Clara Did you know Santa Clara is one of
the last cities in California to
”elect” their Police Chief?
***CONFIDENTIAL***
By Age By Gender
Column% 18-34 35-44 45-54 55-64 65+ Column% Female Male Yes 4% 18% 29% 35% 36% Yes 26% 21%
No 94% 76% 55% 53% 46% No 64% 68%
Unsure 2% 6% 16% 12% 18% Unsure 9% 11%
By Education Level By Race
Column% HS College Grad+ Column% White Asian Hispanic Other Yes 19% 27% 25% Yes 31 % 17% 20% 27%
No 67% 64% 67% No 61 % 66% 74% 68%
Unsure 14% 9% 7% Unsure 7% 18% 5% 5%
By Ideology By Party
Column% Moderate Liberal Conserv. Column% Dem. lndep. Repub.

Yes 26% 17% 32% Yes 27% 17% 23%
No 65% 70% 58% No 61 % 79% 62%
Unsure 9% 12% 10% Unsure 12% 4% 16%
Santa Clara Do you prefer the ability to “elect” the
Santa Clara Police Chief or would you want
the Chief to be appointed by City Leaders?
***CONFIDENTIAL***
By Age By Gender
Column% 18-34 35-44 45-54 55-64 65+ Column% Female Male Elected 74% 76% 73% 67% 74% Elected 76% 70%
Appointed 3% 7% 16% 15% 15% Appointed 10% 11%
Unsure 22% 17% 10% 18% 11% Unsure 14% 18%
By Education Level By Race
Column% HS College Grad+ Column% White Asian Hispanic Other Elected 84% 65% 70% Elected 69% 70% 78% 79%
Appointed 3% 14% 15% Appointed 13% 14% 5% 3%
Unsure 12% 21% 15% Unsure 18% 15% 18% 18%
By Ideology By Party
Column% Moderate Liberal Conserv. Column% Dem. lndep. Repub.

Elected 72% 73% 76% Elected 68% 81 % 76%
Appointed 13% 5% 14% Appointed 12% 6% 16%
Unsure 15% 22% 9% Unsure 20% 13% 9%
Methodology and Demographics
Completed June 16 – 20, 2022
Joseph Cameron, CEO
[email protected]
(774) 306 - 1300
***CONFIDENTIAL***
A 1ge Gender
%
18-34 25% Female
35-44 18% Male
45-54 20%
55-64 19%
65+ 20%
Race Id eo oev
%
White 42% Moderate
Asian 29% Liberal
Hispanic 21% Conserv.

Other 9%
%
51%
49%
%
41%
39%
20%
Education Level
%
HS 35%
College 35%
Grad+ 29%
p ar:y t
%
Dem. 56%
lndep. 28%
Repub. 16%
Population & Sample Description:
350 Registered Voters
MoE: +/- 5.22%
Weighting: Age, Gender, Education
Level, Party, Zip Code, and Race
Police Department
Memorandum
Date: June 2, 2023
To: Mayor and City Council
City Manager Jōvan Grogan
From: Pat Nikolai, Chief of Police
Subject: Elected Chief Charter Amendment Ballot Measure Unfortunately, I am out of the country on a pre-planned vacation, so I am unable to attend this meeting. However, I felt that it was important to provide input on this issue, so I am asking that this memorandum be included in your packet.

I am adamantly opposed to making the Chief of Police an appointed position. And the residents of Santa Clara agree with my opinion. I base that statement on the following facts:
• The voters have rejected this proposal in two previous elections. • The last Charter Review Committee decided to not even place it on the ballot. • A recent survey showed that the vast majority of respondents prefer having an elected Chief.

I find it ironic that the Council Pillar under which this measure is being proposed is “Enhance Community Engagement and Transparency”. Elections are the foundation of Community Engagement. How does taking the vote away from residents “enhance” their engagement.

The Diversity Equity and Inclusion Task Force also looked at this issue. They submitted a letter to the City Council stating, “…having an elected Chief of Police promotes access, accountability, and equity.” So again, I ask; How does making the Chief an appointed position “enhance transparency”.

Recent events have shown that an elected Chief is independent, and is willing to call out potential issues, putting public safety ahead of special interests. Would an appointed Chief have been willing to do the same?
I urge the City Council to focus on issues critical to the City, such as finding a long-term budget solution to our ongoing structural deficit and the critical shortage in our Capital Improvement budget.

ATTACHMENT 4
City of
Santa Clara
The Center of What's Possible

POST MEETING MATERIAL
6/6/2023
1 2
Background
City Council
Item 1 B, RTC 23-7 48
Presentation on Timelines &
Administrative Requirements
for Placement of Measures
on the March and/or
November 2024 Ballot
June 6, 2023
• August 30, 2022 - Council voted to place an item on a future agenda to discuss potential ballot measures to transition the Police Chief and/or City Clerk from elected to appointed positions.
- This would require a Charter Amendment, approved by voters • Staff is bringing this item so that the City Council has sufficient time to decide and appoint a Charter Review Commission prior to 2024 election deadlines set by the Santa Clara Registrar of Voters
Item 1.B

POST MEETING MATERIAL
1 6/6/2023
3 4
Background
• Election Options for Items Already Discussed
- March 5
• Can include Police Chief and/or City Clerk Charter Amendment November 5
• Can include the Police Chief and/or City Clerk Charter Amendment as well as tax measures.

Tax measures can only be considered at a regularly scheduled general election, unless an emergency is declared by unanimous vote of the governing body • Estimated Election Costs
March 5 or November 5
• 1st Item:
• Each Additional Item:
• General Admin & Other Costs:
• Total:

March 2024
Milestone
Approx. $256K
Approx. $106K
Approx. $60K-$70K
Approx. $432K
Timeline
Approval of Ballot Language & Call for Election Regularly scheduled Council meeting in November (11/7 or 11 /14) or at a special meeting
no later than 11 /27 /23
Measure Language Due to the ROV
Arguments For & Against Due to City Clerk
Rebuttals & Impartial Analysis
Election
11/23-12/8
14 days following call for the election
10 days following date arguments are filed
March 5, 2024
Note: If the City Council chooses to utilize a Charter Review Committee, the workplan and timelines will require significant adjustment.

Item 1.B
2 6/6/2023
5 6
Charter Review
Action
Direction on establishment, size, method of appointment & scope Recruitment process initiated
Final Selection of CRC members
Initial Mtg. of CRC to review workplan & schedule public input process
Public input sessions
Draft CRC Findings
Prepare Staff Report
Present CRC Findings & Call of Election if appropriate
Start
June 7, 2023
Aug. 2023
Sept. 2023
Oct. 2023
Nov. 2023
June 29, 2023
July 18, 2023
Week of 8/7 /23
Sept. 2023
Sept. 2023
Oct. 2023
Dec. 2023
(i) t Cityo
, Santa Clara The CC> nlcrof Wh,11'5 Po":>1 ib'e>
Size & Appointment Process
• Recommend odd number of appointments with a size ranging between 7 & 11 . • Recommend standard eligibility & conflict of interest requirements apply. • Names of nominees be provided to City Clerk no later than July 7, 2023 for verification of eligibility. Consideration of final appointments to be brought forward at the July 18, 2023 Council meeting.
l·MIM:iil Description
1 Application process similar to process used to appoint to Boards & Commissions 2 Mayor & Council each nominate one member, nominees appointed by full Council
3 Another process deemed appropriate by Council (hybrid): 1 nominee each by Mayor & Council with additional members selected through recruitment.

Item 1.B
3 6/6/2023
7 8
Council Direction, Scope of Work
• Question #1: Does the City Council wish to consider proposed amendments to the City Charter that would change positions of Police Chief and/or City Clerk from elected to appointed positions?
- If yes, for one or both positions?
- If yes, does the City Council want to provide direction on who positions should be appointed by, if not elected?
- If yes, should these items be placed on the March 5 or November 5 ballot? • Question #2: Does the City Council wish to establish a Charter Review Committee? - If yes, does the Council prefer Option 1, 2 or 3 for selection of members? • Question #3: Should the same eligibility & conflict of interest requirements used for Boards & Commission apply?
Recommendation
• If the City Council chooses to proceed with a measure(s) to amend the City Charter:
- Direct staff to proceed with public input process including establishment of CRC to consider a proposed amendment to the City Charter on the March 5, 2024 ballot that would change the positions of Police Chief and/or City Clerk from elected to appointed positions with the scope, size, and method of appointment for the CRC to be defined by the City Council.

Item 1.B
4 Marisa Welling
From:

Sent:

To:

Subject:

Follow Up Flag:

Flag Status:

Jill Parks <[email protected]>
Friday, June 2, 2023 1 :44 PM
Mayor and Council
June 6 hearing regarding Chief of Police
Follow up
Completed

POST MEETING MATERIAL
Regarding the issue on the table of taking away our right to vote for Chief of Police in Santa Clara in favor of one being appointed, I am stunned this is even being considered. When did we start taking voting rights away from citizens? This isn't Florida or Texas. Is this another ploy of Jed York to take control of our police dept? We already have his little minions sitting on the city council doing his bidding. Let's not hand him the police department too. It is our right to have a say in this important decision. This is not the time to restrict voter choice. Please do not let this happen.

Thank you.

Jill Parks
Sent from my iPad
1 Marisa Welling
From:

Sent:

To:

Cc:

Subject:

Adelle Button-Bell <[email protected] >
Monday, June 5, 2023 11 :30 AM
Mayor and Council
Lisa Gillmor; Anthony Becker
Keep Police Chief as Elected

POST MEETING MATERIAL
Hello Mayor Lisa Gillmore, Council Member Anthony Becker from my District 6, and all other Council Members:

I have been notified by the Santa Clara City Police Officers Association that the city wide election of our police chief is being considered to be banned. The Chief would be appointed by the City Council.

I am TOTALLY for the public election of our Police Chief.

When the new Mayor of Oakland, Sheng Thao, fired the Police Chief, I thought to myself how LUCKY we are in Santa Clara. The police chief is elected by the residents of the city of Santa Clara; not appointed by the mayor or city council. Oakland is a very good example of how often they fire perfectly good police chiefs, hire new ones, and no time for the new police chief to work long enough to affect change and improvements in the Oakland Police Department.

I realize, Santa Clara does not have the crime challenges that Oakland does. Possibly, because our current system of acquiring a police chief is WORKING for our community. Do not screw it up . .

Unfortunately, I am unable to attend the council meeting tomorrow, June 6, 2023 at 7 pm. I have family to care for.

Kind Regards,
Adelle Button-Bell
2472 Scanlan Place
Santa Clara, CA 95050-5539
1 Marisa Welling
From:

Sent:

To:

Subject:

Hello Mayor and City Council,
Jerie Campi <[email protected]>
Friday, June 2, 2023 9:25 PM
Mayor and Council
Police Chief

POST MEETING MATERIAL
I believe strongly that our Police Chief should remain an elected position. Please do not move forward to turn this into a politically appointed position.
thank you for your time,
Jerie Campi
517 Bancroft St
Santa Clara
1 Marisa Welling
From:

Sent:

To:

Subject:

Richard Bonito < [email protected]>
Monday, June 5, 2023 12:35 PM
Mayor and Council
Keep our Chief of Police Elected!
Dear Mayor and City Council Members,

POST MEETING MATERIAL
Please keep our Chief of Police Elected! Let the residents choose who keeps us safe. We can see with our current political climate that it is possible to weaponize law enforcement.

Let the Santa Clarans decide who our Chief of Police is, not outside influences like the 49ers.

Kind Regards,
Richard Bonito
Long time resident
1 Council and Authorities Concurrent Meeting on 2023-06-06 4:00 PM Meeting Time: 06-06-23 16:00
eComments Report
Meetings Meeting
Time
Agenda
Items
Comments Support Oppose Neutral
Council and Authorities Concurrent
Meeting on 2023-06-06 4:00 PM
06-06-23
16:00
49 4 1 2 1
Sentiments for All Meetings
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment

E-COMMENTS
■ Suppon(25%)
■ Oppose(S0¾)
■ Neutral(25%)
No Aesponse(0¾)
Council and Authorities Concurrent Meeting on 2023-06-06 4:00 PM 06-06-23 16:00
Agenda Name Comments Support Oppose Neutral

1.B 23-748 Presentation on Timelines and Administrative Requirements For Placement of Ballot Measures on the March and/or November 2024 Ballot Including Consideration of Amendments to the City Charter to Change the Police Chief and/or City Clerk from Elected to Appointed Positions and Consideration of an Action to Approve a Work Plan for Same, Including Possible Formation of a Charter Review Committee 1 0 1 0

4. 23-601 Action on Stadium Authority Bills and Claims for the Month of April 2023
1 0 0 1

11. 23-689 Action on a Written Petition (Council Policy 030), Submitted by Howard Myers Requesting to Place an Agenda Item on a Future Council Meeting to Request that Councilmember Becker Resign from the Council 2 1 1 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for 1.B 23-748 Presentation on Timelines and Administrative Requirements For Placement of Ballot Measures on the March and/or November 2024 Ballot Including Consideration of Amendments to the City Charter to Change the Police Chief and/or City Clerk from Elected to Appointed Positions and Consideration of an Action to Approve a Work Plan for Same, Including Possible Formation of a Charter Review Committee Overall Sentiment
Susan Hinton
Location:

Submitted At: 9:44am 06-06-23
It's amazing that Council Member Jain continues to lump the City Clerk position with the Chief of Police, as though they were equivalent. There is no rational reason for appointing rather than electing a clerk. Also the ■ Support(25%)
■ Oppose(50%)
■ Neutral(25%)
No Aesponse(0%)
■ Support(O%)
■ Oppose(I00%)
■ Neutral(O%)
No Response(0%)
attached POA survey is directed. Note that company "Connect Political," bought by NEP Services in 2021, is described as a "full service political and digital strategy firm" rather than a scientifically based polling and analytical service. It is a biased vote getting enterprise.

Agenda Item: eComments for 4. 23-601 Action on Stadium Authority Bills and Claims for the Month of April 2023 Overall Sentiment
Susan Hinton
Location:

Submitted At: 7:48am 06-04-23
The amount paid to Hanson Bridgett LLP on April 28, 2023 is redacted. Are legal service payments considered a secret? If so, why? Also, instead one might want to know what percentage of payments for the month of April 2023 went to legal services?
Agenda Item: eComments for 11. 23-689 Action on a Written Petition (Council Policy 030), Submitted by Howard Myers Requesting to Place an Agenda Item on a Future Council Meeting to Request that Councilmember Becker Resign from the Council
Overall Sentiment
John Galt
Location:

Submitted At: 7:45am 06-06-23
Howard Myers states: “TO KEEP A NATION STRONG, WE NEED STRONG MILITARY! GLAMORIZING AND ENCOURAGING LGBTQ+ IN THE MILITARY IS WEAKNESS NOT STRENGTH” & "“IF I SEE SOMETHING LIKE THIS IN YOUR WINDOW OR DOOR (rainbowflag) I WON’T BE SHOPPING IN YOUR STORE. I WON’T COMPLAIN. I’LL SIMPLY REFRAIN.” It makes me question his, Mayor Gillmor, et al their true motives for asking Becker to resign. Especially when Gillmor has never stood up for LGBTQIA+ community, but rather remains silent amid homophobia.

Susan Hinton
Location:
■ Support(0'¼)
■ Oppose(O'¼)
■ Neutral(1 00%)
No Response(0%)
■ Support(50%)
■ Oppose(50%)
■ Neutral(O%)
No Response(0%)
Submitted At: 7:52am 06-04-23
Anthony Becker should resign.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-824 Agenda Date: 7/18/2023

REPORT TO COUNCIL

SUBJECT
Action on Appointments Related to a Charter Review Committee and Direction to Study Charter Amendment Alternatives Related to the Positions of Police Chief and City Clerk for Possible Placement on a March 2024 ballot.

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
At its meeting on June 6, 2023, the City Council took action to establish a 7-member Charter Review Committee (“Committee”) for the purposes of studying whether to propose an amendment to the City Charter that would change the positions of Police Chief and City Clerk from elected to appointed positions.

In doing so, the City Council also requested that the Committee consider and make a recommendation as to the appropriate appointing authority should they propose a charter change.

The City Council approved a selection process whereby each Council member was to nominate one representative from their District with one at-large member nominated by the Mayor. Names of nominees were to be submitted to the City Clerk by July 7th for purposes of validating residency with formal Council action to be taken at the July 18, 2023 City Council meeting. To allow additional time to nominate members, the deadline was extended to noon on July 12, 2023.

The purpose of this item is to present the names of proposed nominees (Attachment 1) for City Council consideration and to seek direction from the City Council as to any additional scope of work for the Committee

DISCUSSION
The nominees are as follows:

At-Large: Joyce Davis
District 1: Satish Chandra
District 2: Chiragkumar Patel
District 3: Christine Koltermann
District 4: Daniel Huynh*
District 5: Jeff Houston
District 6: Clysta Seney
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23-824 Agenda Date: 7/18/2023
*Nomination documentation received after the deadline.

Each nominee met the requirement of being a registered voter and resident of the City of Santa Clara. Each submitted proof of residency and voter registration verification was done through the Registrar of Voters Office.

Next Steps
Should the City Council decide to proceed with calling for a March 2024 election, the appropriate paperwork must be submitted to the Registrar of Voters no later than November 27, 2024. In order to meet this timeline, staff has prepared a tentative schedule for the Committee which is enclosed as Attachment 2. This schedule will allow for an initial meeting of the Committee to select a Chair and Vice Chair, Review the Scope of Work as defined by the City Council and finalize the dates/times of the proposed meetings. This meeting would be followed by two public hearings to take public comment, followed by two public meetings for the Committee to draft and finalize their recommendations. Staff would then prepare a report to Council to transmit the recommendations of the Committee and present to the City Council at the November 7 Council meeting. This schedule would then allow the City Council to consider whether to call for a March election at its November 14, 2023 meeting.

FISCAL IMPACT
There is no fiscal impact associated with this action to appoint Committee members other than the related staff time. However, on July 18, 2023, the City Council will consider a written petition submitted by Councilmember Jain to establish a budget to support the work of the Charter Review Committee as well as other ballot measure costs which could have a fiscal impact of up to $430,455.

That item will be brought forward as RTC 23-913.

COORDINATION
This report has been coordinated with the City Clerk’s office and the City Attorney.

City of Santa Clara Page 2 of 3 Printed on 11/28/2023
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23-824 Agenda Date: 7/18/2023

ALTERNATIVES

1. Appoint nominees to serve as members on the Santa Clara Charter Review Committee for the purpose of studying whether to propose an amendment to the City Charter that would change the positions of Police Chief and City Clerk from elected to appointed positions.

2. Other action or direction to the Charter Review Committee as deemed appropriate by the City Council

RECOMMENDATION
Alternative : Staff makes no recommendation
Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jōvan Grogan, City Manager

ATTACHMENTS

1. Nomination Forms

2. Proposed Committee Schedule
City of Santa Clara Page 3 of 3 Printed on 11/28/2023
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ATTACHMENT 1
THE DEADLINE TO SUBMIT NOMINATIONS IS 12:00 PM, JULY 12, 2023 ,.,- . l,J.U.u.#,~~U"·z' anrR" "'L , hereby nominate the following individual to serve on the 202°3 C arte Review Committee:
/Council member
2023 JUL 12 Ail II : 09
Nominee Information:

Name: Joyce Davis
Address: -----------------------------------
City: Santa Clara
State: CA
----------- Zip Code: _9_5_0_5_0 ___ _
E-mail Address: _
------------------------------------ Primary Phone Number: _________________________ ___ _ Secondary Phone Number: _n_/_a ____________ _____________ _ Are you a resident of the City of Santa Clara?
(Must be a resident at time of application - Provide 2 proofs of residency: i.e. License/ID, Utlllty 8111 or passport) Are you a registered voter of the City of Santa Clara?
(Must be a registered voter at time of application)
~ Yes DNo
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves ltl'I No
Would you be willing to abstain from voting if such a conflict arises? ltl'lves D No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsibility and attend meetings. Please note that the information provided on this form is a public record that may be subject to disclosure upon request.

Slgnatur~/
Date s1W Ir/ 1'3/.23
You may submltthe completed nomination form In person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, California 95050 or email completed form to: clerk@ antaclaraca.gov THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBMIT NOMINATIONS IS 12:00 PM, JULY 12, 2023 I, KathYWatanabe , hereby nominate the following individual to serve on the 2023 Charter Review Committee:

Mayor/Councilmember RECEIVED
Nominee Information:

Name: Satish Chandra
Address:

City: Santa Clara
JUL .1 0 2023
City Clerk's Office
City of Santa Clara
State: California Zip Code: _9_5o_5_4 _____ _
E-mail Address:

Primary Phone Number: ____________________________ _
Secondary Phone Number: ____________________________ _
Are you a resident of the City of Santa Clara?
(Must be a resident al lime of appllcallon - Provide 2 proofs of residency: I.e. License/ID, Ullllly SIii or passport) Are you a registered voter of the City of Santa Clara?
(Must b a register d voter at lim of application)
~ Yes DNo
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves 1111 No
Would you be willing to abstain from voting if such a conflict arises? I al Ives D No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsibility and attend meetings. Please note that the information provided on this form is a public record that may be subject to disclosure upon request
Signature:

Date Signed: July 8, 2023
You may submit the completed nomination form in person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, California 95050 or email completed form to: [email protected] THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBMIT NOMINATIONS IS 12:00 PM, JULY 12, 2023 I, Raj Chahal , hereby nominate the following Individual to serve on the 2023 Charter Review Committee:

Mayor/Counollmember ~ V£D
ECF-1
JUL 1 O 2023
Cle\ Ks O01Ge
Nomlnea Information:

Name: Chiragkumar Patel
g~~ of Santa C\efa Address: ....:...-------====~!__ ______________ _.._..__ --------- City: Santa Clara
State: CA
---------- Zip Oode: 95050
E-mail Address: -------------------------------
Primary Phone Number: ___________________________ _
Secondary Phone Number: ---------------------==:----==-- Are you a resident of the City of Santa Clara? ~ Yes 0No (Mu11 be a ,.,ldeot at time or appllcallon - Provide 2 proofs of re11denc:y; I e Llcenlie/10, Ulli1ty BJ or passport) Are you a registered voter of the City of Santa Clara7
(Must be a reglatered voter 11 trne or 1ppffcatlon)
~Yes ONo
City polloy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves @No
Would you be willing to abstain from voting If such a conflict arises? ~Yes O No By signing below, you are affirming that If appointed, you have sufficient time to devote to this responsibility and attend meetings. Please note that the Information provided on this form is a public record that may be subject to disclosure upon request.

Signature: C /VI# · ·
Date Signed: e 7 /Jo/ 2-cl2 J
You may submit the completed nomination form In person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, Cafffornla 95050 or email completed form to; clerk@santactar ca.gov THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBMIT NOMINATIONS 1$12:00 PM, JULY 12, 2023 I, Karen HardY hereby nominate the following individual to serve on the 2023 Charter Review Committee:

Mayor/Councilmember RE ~JVED
Nominee lnformat19n:

Name: Christine Koltermann
JUL .1 0 2023
City Clerk's Office
City of Sarna Cla1a
Address: -------------------------------------------
City: Santa Clara
State: CA
----------- Zip Code: _9_5_0_5_1 ___ _
E-mail Address: ---------=-=-----------------------
Primary Phone Number: ____________________________ _
Secondary Phone Number: ____________________________ _
Are you a resident of the City of Santa Clara?
(Must be a r sldent at lime of application - Provide 2 proofs of residency; I.e. License/ID, Utility Bill or passport) Are you a registered voter of the City of Santa Clara?
(Must be a registered voter at time or appllcallon)
[Z] Yes 0 No
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves I I I No
Would you be willing to abstain from voting if such a conflict arises? es D No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsibility and attend meetings. Please note that the information provided on this form is a public record that may be subject to disclosure upon request.

Signature:

Date Signed: 7 /10/23
You may submit the completed nomination form in person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, California 95060 or email completed form to: [email protected] THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBMIT NOMINATIONS IS 12:00 PM, JULY 12, 2023 1, Kevin Pa~k , hereby nominate the following individual to serve on the 20~~~~'fl~mittee:

Mayor/Counc1lmember l\l!,\,;~·1 W' J!.U
Nominee Information:

Name: Daniel Huynh
JUL 1 3 2023
City Clerk's Office .

City of Santa Clara .

Address: ------------------------ - ---------
City: Santa Clara
State: California Zip Code: 95051
E-mail Address: ------ ---------------------------
Primary Phone Number: ____________________________ _
Secondary Phone Number: ___________________________ _
Are you a resident of the City of Santa Clara?
(Must be a resident at lime of application - Provide 2 proofs of residency: I.e. License/ID, Utility Bill or passport) Are you a registered voter of the City of Santa Clara?
(Must be a registered voter al lime of application)
!Zlves DNo
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves 1 No
Would you be willing to abstain from voting if such a conflict arises? lves D No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsibility and attend meetings. Please note that the information provided on this form is a public record that may be subject to disclosure upon request.

Signature:

Date Signed: 7/13/23
You may submit the completed nomination form in person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, California 95050 or email completed form to: [email protected] THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBMIT NOMINATIONS IS 12:00 PM, JULY 12, 2023 I, Sudhanshu Jain hereby nominate the following individual to serve on the 2023 Charter Review Committee:

Mayor/Counclfmem ber
Nominee Information:

Name: Jeff Houston
Address:

RECEIVED
JUL· 3 2023
City Clerk's Office
City of Santa Clara
----------------------------------- City: Santa Clara
State: CA
----------- Zip Code: _9_S_0_S_0 ____ _
E-mail Address:

Primary Phone Number: ____________________________ _
Secondary Phone Number: _n_/_a __________________________ _ Are you a resident of the City of Santa Clara?
(Must be a resident al time of appllcallon - Provide 2 proofs of residency: I.e. fcen 110. Ullli ly Bill or passport) Are you a registered voter of the City of Santa Clara?
(Must be a register d voter at lime of application)
[Z] Yes ONo
l:ZJves D No
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves I I I No
Would you be willing to abstain from voting if such a conflict arises? I I I Yes O No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsibility and attend meetings. Please note that the information provided on this form is a public record that may be subject to disclosure upon request.

Signature:

Oigltolly al nod by Joi! H uston Jeff Houston Dato:2023.07. 2 16::)4:13 •07'00' Date Signed: 7/2/23
You may submit the completed nomination form in person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, Cal ifornia 95050 or email completed form to: [email protected] THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBMIT NOMINATIONS IS 12:00 PM, JULY 12, 2023 I, Anthony Becker, hereby nominate the following individual to serve on the 2023 Charter Review Com.v~~:

Mayor/C,ouncllmember RECEJ V ,l!;D
tr,) . JUL , 0-'i 2023
Nominee Information:

Name: Clysta Seney (registered as Clysta ES Mclemore) City Clerk's Office City of Santa Clara
Address: ---------------------------------
City: Santa Clara
State: CA
----------- Zip Code: _9_5_0_5_0 ___ _
E-mail Address: --'-----___,;'----.....a...--- -------------------- Primary Phone Number: ___________________________ _
Secondary Phone Number: _N_A _________________________ _ Are you a resident of the City of Santa Clara?
(Musi bee resident at time or appllcatlon - Provide 2 proofs of residency: I.e. License/ID, Ullllty Bill or passport) Are you a registered voter of the City of Santa Clara?
(Musi be a registered vot r al time of applic lion)
~ Yes DNo
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves jtl'J No
Would you be willing to abstain from voting if such a conflict arises? lll'IYes D No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsibility and attend meetings, Please note that the information provided on this form is a public record that may be subject to disclosure upon request
/'P_/ ~- . J,,, . ~- .,,_ Signature: ~'-'-~,
Date Signed: / ~ lo/ O 3
You may submit the completed nomination form In person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, California 95050 or email completed form to: [email protected] THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 2023 Charter Review Committee
Proposed Schedule
Committee appointments confirmed Tuesday, July 18, 2023 Initial Meeting of the Committee
• Selection of Chair/Vice Chair
• Review of Scope of Work/
Timelines/Meeting Schedule
• Identification of Research Required
7 pm, Thursday, August 10, 2023
Public Hearing #1 – City Hall 7 pm, August 24, 2023
Public Hearing #2 – Central Park Library 7 pm, Thursday, September 14, 2023 Initial Draft of Committee Recommendations
• Police Chief
• City Clerk
7 pm, Thursday, September 21, 2023
Final Draft of Committee Recommendations 7 pm, Thursday, October 5, 2023 Staff Report Issued Thursday, November 2 or Friday, November 3rd Presentation to Council Tuesday, November 7, 2023; time TBA Call for Election if Appropriate Tuesday, November 14, 2023 ATTACHMENT 2

POST MEETING MATERIAL
1,
7/18/2023
1 2
Background·
• June 6 Council Action
City Council
Item 5, RTC 23-824
Action on Appointments
Related to a Charter Review
Committee and Direction to
Study Charter Amendment
Alternatives Related to the
Positions of Police Chief and
City Clerk
July 18, 2023
- Composition & Selection: 7-member Charter Review Committee, nominated by district with 1 at-large representative nominated by the Mayor. Nominees to be qualified electors and submit proof of residency
- Scope of Committee: Whether to propose an amendment to City Charter to convert positions of Police Chief and/or City Clerk from elected to appointed. If so, include recommendation as to appropriate appointing authority - Process & Timeline: Complete Committee work with sufficient time to meet Registrar of Voters deadline of November 27, 2023 for a March 5, 2024 election POST M.&tlN MATERIAL
ITEM 5
1 Slide 2
CB1 Cynthia Bojorquez, 7/17/2023
I
•I 7/18/2023
3 4
Background (cont)
• July 11 Council Action
- Budget: Item #7 on tonight's agenda will address the budget for the Charter Review Committee that was proposed by written petition. This item will include an overview of projected expenses should the City Council decide to move forward with appropriating funds for voter research , community engagement and related electoral costs for a March and/or November ballot
Nominations
Representing Nominee
At-Large Joyce Davis
1 Satish Chandra
2 Chiragkumar Patel
3 Christine Koltermann
4 Daniel Huynh
5 Jeff Houston
6 Clysta Seney
Status as qualified electors and residents of Santa Clara has been verified for all nominees ITEM 5
2 7/18/2023
Scope of Work
5 6
• During the June discussion, the City Council voted that the CRC scope of work would include a recommendation on:
- Should there be a ballot measure to amend the Charter to make the Police Chief and/ or City Clerk appointed positions
- If the Council decides to proceed, whether the position(s) should be appointed by the City Council or City Manager
• While not part of the formal Council action, the Council also discussed that:
- The CRC should conduct a public process to solicit input from the community - The CRC should select a Chair and Vice Chair as well as finalize meeting schedule - The Council could discuss additional scope for the CRC, including requirements for the elected Police Chief and City Clerk positions at the July 18 meeting Charter Review Timelines
Action
Final Selection of CRC members
Initial Mtg. of CRC to review workplan & schedule public input process
Public input sessions
Draft CRC Findings
Prepare Staff Report
Present CRC Findings & Call of Election if appropriate
Aug. 2023
Sept. 2023
Oct. 2023
Nov. 2023
Week of
Aug . 7,2023
Sept. 2023
Oct. 2023
Nov. 2023
ITEM 5
3 7/18/2023
7 Recommendation
• Approve the nominees to the Charter Review Committee and provide final direction as to the scope of the Committee's work
ITEM 5
4 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-913 Agenda Date: 7/18/2023

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030) Submitted by Councilmember Jain to Appropriate Funds to Support the Work of the Charter Review Committee as well as Strategic Policy Analysis, Voter Research, Community Engagement and Other Related Costs Associated with Election Activities and Potential Ballot Measures in 2024

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
At its meeting of July 11, 2023, the City Council took action to consider the 030 Written Petition submitted by Councilmember Jain to establish a budget for the Charter Review Committee as well as funding for research, community engagement, and other costs associated with the potential placement of measures on the ballot in March 2024. In considering this petition, the City Council requested that staff return on July 18, 2023 with a proposed budget amendment to fund these, and other related outreach efforts, in support of potential election activities for 2024.

The purpose of this report is to provide the City Council with an overview of the projected costs as well as related budget amendment information should the City Council wish to take that action.

DISCUSSION
On July 6, 2023, the City Council voted to establish a Charter Review Committee (“Committee”) for the purposes of evaluating and recommending whether an amendment to the City Charter to change the positions of Police Chief and City Clerk from elected to appointed positions should be placed before the voters on a March 2024 ballot.

At its July 11, 2023 meeting, the City Council voted to consider a written petition from Councilmember Jain to prepare a budget amendment that would establish funding to support the work of the Committee as well as other outreach and election costs related to the possible placement of two measures before the voters in March 2024. As part of its discussion, the Council also requested that staff include costs for similar expenses for the November 2024 election.

Election Costs
The Santa Clara County Registrar of Voters is responsible for projecting the costs for placement of items on the ballot. Should the City decide to proceed with an election in March 2024 to amend the City Charter, that election would be considered a special election.

As noted in the July 6, 2023 staff report (RTC 23-748), the ROV has estimated the cost for two City of Santa Clara Page 1 of 4 Printed on 10/10/2023
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23-913 Agenda Date: 7/18/2023
measures on the March 5, 2024 ballot to be approximately $362,000. In addition to this amount, the City would incur approximately $60,000-70,000 for costs associated with printing, translation services, the publication of notices, another other related costs for a total of approximately $432,000.

The Adopted FY 2023/24 Budget includes funding in the amount of $360,000 to support election costs. Based on the preliminary information provided by the Registrar of Voters, an additional $72,000 will be needed should the Council decide to place two measures on the March 2024 ballot. It is important to note that the costs of a special election tend to be higher as there are fewer agencies with whom costs are shared. It is also important to note that the projected cost of $432,000 is a preliminary estimate subject to change should other agencies choose to place items on a March ballot.

For the November 2024 regular election, costs will be shared among a greater number of agencies.

While the Registrar of Voters has not yet provided an estimate of costs for a November 2024 ballot, the cost for the City’s November 2022 ballot which included Mayoral and Council elections, two ballot measures and related legal publications was $398,137. The Adopted FY2024/25 Budget includes funding in the amount of $420,000 which should be sufficient to cover the November 2024 electionrelated costs.

Outreach, Engagement & Policy Analysis
During deliberations on the proposed budget, the Council indicated a desire to consider revenue measures on the November 2024 ballot. In the fall, a study session will be held to provide the City Council with updated information on unfunded needs as well as various policy options should the Council wish to pursue potential revenue measures on the November 2024 ballot.

Given the Council’s prior direction to ensure that there is sufficient funding to conduct the strategic policy analysis, voter research, and the community engagement necessary to ensure the proper vetting of proposed ballot measures as well as the current request to consider a budget amendment to support the work of the Charter Review Committee, the following table provides a summary of potential costs for Council’s consideration.

It is important to note that the proposed schedule of costs for the November ballot measures includes costs for a follow-up voter research poll that is not included in the projected costs for a March election. This is based on the assumption that an initial poll may be needed to evaluate community preferences on revenue options and a follow-up survey to evaluate the need for additional voter education once specific revenue measures have been identified.

Expense
Strategic consulting services for elections $93,840
Subtotal $93,840
March Election*
Voter Research Initial Polling $67,850
Community Engagement $28,750
Graphic Design/Other Services $11,500
Subtotal $108,100
November Election*
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23-913 Agenda Date: 7/18/2023
$,
March Election*
Voter Research Initial Polling $67,850
Community Engagement $28,750
Graphic Design/Other Services $11,500
Subtotal $108,100
November Election*
Voter Research Initial Polling $67,850
Voter Research Follow-Up Poll - If Needed $48,415
Community Engagement $28,750
Graphic Design/Other Services $11,500
Subtotal $156,515
Total $358,455
*Actual costs will depend on future decisions by the City Council on voter polling and final decisions to place measures on the March and/or November ballots.

The line item funding is based on the expenses incurred in the most recent voter education and outreach efforts, escalated by 15% to allow for both increased cost and a contingency should additional services be required.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
Should the Council wish to appropriate funding to place two measures on a March 2024 ballot, an additional $72,000 should be appropriated. In addition, should the Council wish to appropriate funding for the outreach, engagement and policy analysis activities noted above, an additional $358,455 should also be appropriated. With this in mind, a total budget amendment in the amount of $430,455 would be needed. Funding is available in the General Fund FY 2023/24 Budget Balancing Reserve for this purpose.

Budget Amendment
FY2023/2024
Current Increase/
(Decrease)
Revised
General Fund (001)
Expenditures
City Clerk’s Office $1,947,261 $72,000 $2,019,261
City Manager’s Office $5,410,204 $358,455 $5,768,659
FY 2023/24 Budget Balancing Reserve $911,944 ($430,455) $481,489 City of Santa Clara Page 3 of 4 Printed on 10/10/2023
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23-913 Agenda Date: 7/18/2023

COORDINATION
This item has been coordinated with the Finance Department and the offices of the City Clerk and City Attorney.

ALTERNATIVES

1. Provide direction, and approval of a FY 2023/24 budget amendment in the General Fund, if appropriate, to increase the City Clerk’s Office budget by $72,000, increase the City Manager’s Office budget by $358,355, and decrease the FY 2023/24 Budget Balancing Reserve by $430,455 to support strategic policy analysis, voter research, community engagement (including support for the Charter Review Committee) as well as related costs for potential March and November 2024 ballot items. (five affirmative Council votes required for the use of unused balances).

2. Provide direction on a proposed FY 2023/24 General Fund budget amendment from the FY 2023/24 Budget Balancing Reserve solely to increase the City Clerk’s FY2023-24 budget appropriation for election related costs from $360,000 to $432,000. This alternative would not provide funding for outreach, engagement or policy analysis. (five affirmative Council votes required for the use of unused balances).

3. Take no budget amendment action.

4. Other action as deemed appropriate by Council.

RECOMMENDATION

1. Alternative 1: Provide direction, and approval of a FY 2023/24 budget amendment in the General Fund, if appropriate, to increase the City Clerk’s Office budget by $72,000, increase the City Manager’s Office budget by $358,355, and decrease the FY 2023/24 Budget Balancing Reserve by $430,455 to support strategic policy analysis, voter research, community engagement (including support for the Charter Review Committee) as well as related costs for potential March and November 2024 ballot items. (five affirmative Council votes required for the use of unused balances).

Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jōvan D. Grogan, City Manager
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POST MEETING MATERIAL
7/18/2023
1 2
Background
• June 11 Council Action
City Council
Item 7 RTC 23-913
Action on Written Petition (Council
Policy 030) to Appropriate Funds to
Support the Work of the Charter
Review Committee as well as
Strategic Policy Analysis, Voter
Research, Community Engagement
& Other Related Costs Associated
with Election Activities and Potential
Ballot Measures in 2024
July 18, 2023
- Bring forward for consideration the written petition to establish a budget for the Charter Review Committee as well as strategic policy analysis, voter research, community engagement and other related costs to support a March 5, 2024 election should the City Council decide to call for an election in November 2023 - At the July 18 meeting, the City Council also discussed bringing forward appropriation actions to support this work as well as work related to potential ballot measures and elections in November 2024
ITEM 7
1 Slide 2
CB 1 Cynthia Bojorquez, 7/17/2023
7/18/2023
3 4
Background
• Election costs set by Registrar of Voters (ROV) based on number of participating agencies and items to be considered on the ballot • Special elections tend to be more expensive as there are fewer agencies with whom to share the cost. March 2024 would be a special election • Cost estimates for a March election assume up to two measures and associated costs for outreach and legal publication
• Estimates for a November 2024 election assume a regular general election with up to two ballot measures and district Council elections Cost Overview
Item
Special March 2024 election (two measures &
associated legal publications & outreach)
Community Engagement and Research for March
2024 election
Special November 2024 election (two measures,
district elections & associated legal publications &
outreach)
Voter Research, Community Engagement for
November 2024 election
Strategic Consulting Services for both elections
Total
lfil<'I
$432,000
$108,100
$420,000
$156,515
$93,840
$1,210,455
*Subject to change based on charges from the Registrar of Voters :fm~llllll!mHl1l!I
$360,000 ($72,000)
0 ($108,100)
$420,000 TBD*
0 ($156,515)
0 ($93,840)
$780,000 $430,455
ITEM 7
2 1., 7/18/2023
5 Considerations
• The City's adopted two-year budget includes partial funding for both a March and a November 2024 election
- FY2023/24 budgeted amount assumed subsequent funding request in the fall should Council ultimately decide to place measures on a March 2024 ballot • Projected costs for November 2024 have not yet been calculated by ROV - Estimates are based on 2022 election costs, adjusted by 15% to account for cost increases and contingencies
- Assumes additional voter research related to potential revenue measures - Staff plans to submit a request for funding in the fall to support potential measures for the November 2024 ballot including consultant services to conduct voter research, strategic policy analysis and community engagement
• Funding for the additional need of $430K is available in the General Fund FY2023/24 Budget Balancing Reserve
Alternatives
6 • Option 1: Provide direction and approval of a FY2023/24 budget amendment in the General Fund, if appropriate, to increase the City Clerk's Office budget by $72,000, increase the City Manager's Office budget by $358,355 and decrease the FY 2023/24 Budget Balancing Reserve by $430,455 to support strategic policy analysis, voter research, community engagement (including Charter Review Committee) as well as related costs for potential March and November 2024 ballot items. (five affirmative votes required for the use of unused balances) • Option 2: Provide direction on a proposed FY2023/24 General Fund budget amendment from the FY 2023/24 Budget Balancing Reserve solely to increase the City Clerk's budget appropriation for election-related costs from $360,000 to $432,000. This alternative would not provide funding for outreach, engagement or policy analysis. (five affirmative Council votes required for the use of unused balances)
• Option 3: Take no budget amendment action
• Option 4: Other action as deemed appropriate by Council ITEM 7
3 (,
I 7/18/2023
7 Recommendation
• Option 1: Provide direction and approval of a FY2023/24 budget amendment in the General Fund, if appropriate, to increase the City Clerk's Office budget by $72,000, increase the City Manager's Office budget by $358,355 and decrease the FY 2023/24 Budget Balancing Reserve by $430,455 to support strategic policy analysis, voter research, community engagement (including Charter Review Committee) as well as related costs for potential March and November 2024 ballot items. (five affirmative votes required for the use of unused balances)
ITEM 7
4 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1294 Agenda Date: 11/7/2023

REPORT TO COUNCIL

SUBJECT
Presentation of the Recommendations from the 2023 Charter Review Committee Related to the Positions of Chief of Police and City Clerk

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On June 6, 2023, the City Council approved the creation of a 7-member Charter Review Committee ("Committee") for the purposes of studying whether to propose amendments to the City Charter that would change the positions of Chief of Police and City Clerk from elected to appointed positions. The Council also directed that if the Committee recommended that the position(s) remain elected, the Committee should make a recommendation as to whether any changes are desired to the qualifications for the elected positions. Additionally, if the Committee recommended a change to appointed positions, the Council requested that the Committee provide a recommendation as to whether the positions should be appointed by the City Council or the City Manager. Lastly, the Council requested that the Committee conduct robust community engagement as part of their charge.

On July 18, 2023, the City Council appointed the members of the Committee and approved a budget amendment to provide funding in support the work of the Committee.

The Committee has selected the Chair of the Committee, Jeff Houston, to provide the Council with an overview of the Committee’s work effort, a summary of community input received and a set of recommendations for the Council’s consideration.

DISCUSSION
The Committee held a total of five meetings during the months of August 2023 through October 2023.

The meetings were held in a hybrid format with both City Hall Council Chambers and the Central Park library used to host the physical meetings.

The Committee was provided with historical information related to prior ballot measures, information related to the City Charter provisions of the two positions as well as responses to e-comments and questions received by staff from the public. In addition, the Committee heard presentations from the incumbent Santa Clara Chief of Police as well as the incumbent City Clerk to hear their perspectives related to the attributes and challenges associated with elected positions. Conversely, the Committee also heard from the Los Gatos Town Clerk and a Retired Chief of Police from the City of Mountain View who presented their perspectives on the attributes and challenges of an appointed City Clerk and Chief of Police.

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23-1294 Agenda Date: 11/7/2023
In accordance with City Council’s direction, the Committee utilized a variety of community engagement tools that included:
• Hybrid meetings to facilitate online participation
• Meetings both at City Hall and the Central Park Library to provide accessibility and livestreaming • Expert presentations to allow for real-time question and answer engagement from the Committee as well as the community
• Dedicated webpage with relevant Committee-related resources was created to provide a onestop resource for information • Information about the Committee was shared across all City’s communications channels:

GovDelivery emails and social media platforms: X (Twitter), Instagram, Facebook, NextDoor. • A community survey utilizing the City’s Open City Hall online platform was open for a period of six weeks (September 7 through October 12, 2023).
• A decision-tree voting by written ballot to facilitate transparency in the Committee’s deliberations, as the Committee worked to develop preliminary and final Committee recommendations.

As a result of their deliberations, the Committee voted to recommend that the City Council place on the March 2024 ballot the following two charter amendments:

City Clerk: “Shall an amendment to the City Charter providing that the City Clerk position be appointed by the City Manager be adopted?”
Chief of Police: “Shall an amendment to the City Charter providing that the Chief of Police position be appointed by the City Manager be adopted?”
Following a concern expressed by Committee Member Davis regarding a desire to ensure a diverse pools of candidates, the Committee also discussed including in their final recommendations a request that the City Manager be encouraged to utilize recruitment strategies and hiring practices that would promote as diverse a pool of qualified candidates as possible if the charter amendments are ultimately approved by voters.

In making their recommendations, the majority of the Committee expressed their belief that appointed positions would enable the City to attract a larger pool of diverse, professional candidates that could be held accountable through regular performance reviews and in a timely fashion dictated by circumstances. Moreover, the prevailing sentiment was that appointed positions would isolate the positions from undue political influence.

The following chart provides a summary of the Committee’s final voting:

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23-1294 Agenda Date: 11/7/2023
At the meeting on November 7, Chair Houston will provide greater detail on the Committee’s work effort and the rationale for the Committee’s recommendations. All Committee members have been invited to attend the Council presentation and offered the opportunity to express their views on the process and the Committee’s recommendations.

Next Steps
With the presentation of the Committee’s final recommendations, the work of the 2023 Charter Review Committee will be complete. The next step is for the City Council to deliberate and determine whether to call for a special election on March 5, 2024 for voters to consider one or both of the ballot measures. Initial Council feedback on the Charter Review Committee’s recommendations and direction to staff can be provided at the November 7th meeting. Additionally, in accordance with the schedule presented to the City Council in the July 18, 2023 Report to Council (RTC 23-824), staff has planned to schedule final action on the potential ballot measures on November 14, 2023. This date or another date prior to December 5, 2023, will allow for the item to be heard at two separate regular Council meetings (if needed) prior to the Registrar of Voters deadline of December 8, 2023.

On October 26, 2023, the City Council took action to consider a written petition to re-schedule consideration of a special election to an alternate date. Council is scheduled to consider that item on November 7th. As such, scheduling of the agenda item for a special election is pending Council action.

FISCAL IMPACT
There is no fiscal impact other than staff time. In the event that the Council approves the recommendations of the Committee, The estimated cost for a special election that includes up to two measures is $362,000 in costs for the Registrar of Voters plus approximately $60,000-70,000 for city costs related to printing, translations, publication of notices and other related costs for a total of approximately $432,000. It should be noted that should the ballot measures be successful, this oneCity of Santa Clara Page 3 of 4 Printed on 11/28/2023 powered by Legistar™
Oct 17,
2023
1 6 votes: City Clerk position be
appointed
1 vote: City Clerk position remain
elected
7 votes: if appointed,, the
appoint ing authoriity should be
the City Manager
5 votes: Chief of Police position be
appointed
2 votes: Chief of Police position remain
elected
7 votes: if appointed, the appointing
authority should be the City Manager
23-1294 Agenda Date: 11/7/2023
time cost would be offset by the on-going cost of future elections. Conversely, if the ballot measures fail, the cost for a special election would be on top of the costs scheduled to be incurred in November 2024 as both the incumbent positions of Chief of Police and City Clerk would be up for re-election at that time.

COORDINATION
This report has been coordinated with the City Manager’s office, the City Clerk’s office, and the City Attorney.

PUBLIC CONTACT
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 [email protected] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
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.

Prepared by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jovan D. Grogan, City Manager
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Council and Authorities Concurrent Meeting on 2023-11-07 5:30 PM 11-07-23 17:30
Agenda Name Comments Support Oppose Neutral
Joint Dinner - 5:30 PM | Regular Meeting - 7:00 PM 1 0 0 1 5:30 PM JOINT DINNER 1 0 0 1

5. 23-1294 Presentation of the Recommendations from the 2023 Charter Review Committee Related to the Positions of Chief of Police and City Clerk
1 0 1 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for Joint Dinner - 5:30 PM | Regular Meeting - 7:00 PM Overall Sentiment
Diane Harrison
Location:

Submitted At: 2:21pm 11-07-23
As a former member and attendee of BPAC meetings for many years, I'd like to see more council and staff support for infrastructure projects proposed and thought through by BPAC members. Member expertise in bicycle and pedestrian areas is squandered when people are ignored for years and finally quit the committee.

Agenda Item: eComments for 5:30 PM JOINT DINNER

ECOMMENT
■ Support(0%)
■ Oppose(33%)
■ Neutral(66%)
No Response(0¾)
■ Support(0¾)
■ Oppose(0%)
■ Neutral(100%)
No Response(0¾)
Overall Sentiment
Diane Harrison
Location:

Submitted At: 2:23pm 11-07-23
When good suggestions are ignored, the problems don't go away, but get brought up again & again by new members who also want those problems solved. Even when we've had subcommittees (e.g. Wayfinding & Roundabouts) that put in a lot of work, staff consistently says “No” and shelves the project. We also need to update the Traffic Calming guidelines that are decades out of date and prevent almost all needed traffic calming.

Agenda Item: eComments for 5. 23-1294 Presentation of the Recommendations from the 2023 Charter Review Committee Related to the Positions of Chief of Police and City Clerk Overall Sentiment
Susan Hinton
Location:

Submitted At: 8:18pm 11-05-23
The survey responses (look for yourself) are of 2 types. Registered responses, 99% from Santa Clarans, overwhelmingly support continuing to elect the Police Chief & City Clerk. Then, starting at 7:30am on 9/11 there are thousands Unregistered, unclaimed identical entries, many in multiples entered at the same timestamp, answering "Yes" to appoint the positions. This is clearly survey fraud and these entries should be ignored. Anyone voting to accept these entries is complicit with fraud. ■ Support(0¾)
■ Opposo(O¾)
■ Neutral(100%)
No Aesponse(0%)
■ Support(O¾)
■ Opposo(I00%)
■ Neutral(O%)
No Aesponse(0%)

POST MEETING MATERIAL
Item #5
1 2
11/7/2023
Agenda
City Council
Meeting
Item #5: RTC 23-1294
Presentation of the Recommendations
from the 2023 Charter Review
Committee Related to the Positions of
Chief of Police and City Clerk
Presented by: Jeff Houston, Chair
November 7, 2023
• Creation of the Charter Review Committee ("Committee") • Discussion of Community Engagement Process
- Community Meetings
- Engagement Tools
- Best Practice Research
• Findings
- Process Used
- Recommendations
• Acknowledgements

POST MEETING MATERIAL
1 Item #5
3 4
11/7/2023
Creation of 2023 Charter Review Committee
• June 6, 2023: Council establishes a 7-member Charter Review Committee ("Committee") for the purposes of studying whether to propose an amendment to the City Charter that would change the positions of Chief of Police and City Clerk from elected to appointed positions
• July 18, 2023: Council appoints Committee members and approves budget to support the work of the Committee

COMMUNITY ENGAGEMENT PROCESS
2 Item #5
5 6
Community Meetings
• Five community meetings held from August through October • Meeting #1 - Initial meeting focused on Committee orientation (process, logistics, roles & responsibilities as Committee members • Meeting #2 - Santa Clara incumbents were invited to present their perspectives as to the attributes & challenges of an elected position
• Meeting #3 - Outside experts were invited to present their perspectives as to the attributes & challenges of an appointed position
Community Meetings (cont)
• Meeting #4 - Committee reviewed public input and took preliminary vote to provide direction to staff to prepare ballot language research
• Meeting #5 - Committee reviewed all public input, including survey results, and completed final vote on recommendations 11/7/2023
3 Item #5
7 8
11/7/2023
Communication Tools
• Hybrid meetings
• Meetings both at City Hall and at Central Park Library • Expert presentations
• Historical and best practice information
• Dedicated webpage with relevant Committee-related resources • Promotion across City's communications channels: GovDelivery emails and social media platforms: X (Twitter), lnstagram, Facebook, NextDoor • Community survey - September 7 through October 12, 2023 • Decision-tree voting
Survey Outreach
• Postcard mailed to over 30,000 registered voters
• Posted on City website for 6 weeks
• Promoted across social media platforms: X
(Twitter), lnstagram, Facebook, NextDoor
• Three GovDelivery emails sent to approximately
30,000 e-news subscribers and promoted through
City Hall News
• Hard copies of the survey were made available at
all 3 library sites, the Senior Center, and City Hall
• Flyers provided to Committee members for
distribution
On~l-&.20Zl • -...nbar0iliwtw..• c-.-.,~b .... p,.r,,,,wd~

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--......
4 Item #5 11/7/2023

COMMUNITY PERSPECTIVES
9 CITY CLERK
10 10
5 Item #5 11/7/2023
Reasons for an APPOINTED CITY CLERK
I L Attract the most qualified pool of individuals to perform the work

2. Duties require professional competency, training and experience

13. It is an administrative position; should be appointed and evaluated by the City Manager I

4. There would be fewer items to take to the voters and would save in election costs - I 5. Current practice of PT is not sufficient; position should be full-time

6. Allows for regular evaluation of performance and clear metrics for success

7. Facilitates timely removal for sub-par performance when action is needed.

8. Position should be isolated from politics/outside influence; elected position requires running for office
~ 9. Appointed position would allow for enhanced working relationship with City Manager .. - - I 10. City Manager/Council more familiar with day to day requirements of the Job 11 11
Reasons for an ELECTED CITY CLERK

1. Voters should make the decision

2. Lack of trust in the appointed model due to concerns regarding current political climate

3. Current system works well; check and balances

4. Qualifications should be added

5. Residency requirements should be eliminated

6. Elected Clerk more inclined to keep best interest of the public in mind

7. Clerk should be independent; Position needs to be free from political pressure

8. Elected Clerk process is more transparent

9. Clerk position should return to a FT position with full responsibilities

10. Waste of public funds
12 12
6 Item #5
13 14

CHIEF OF POLICE
Reasons for an APPOINTED CHIEF OF POLICE

1. Attract the most qualified pool of individuals to perform the work ==~

2. Selection should be based on professional experience, education and core competencies, not _resi~:.ncy

13. Chief should be responsible for full range of Department Head responsibilities

4. Focus on fighting crime; not running for office. Current environment is too political 1 s. Would allow workforce to have a say in hiring & recruitment process

6. Allows for regular evaluation of performance, clear metrics for success and on-going _a~ ountability.

I 7, Facilitates timely removal for sub-par performance when action is needed

8. Position should be isolated from politics/outside influence; elected position requires running for office

9. Residency requirements of elected should not determine competency to lead professional work force. Only 1 candidate does not provide voters with a real choice

10. Political affiliations have clouded judgment
11/7/2023
13 7
Item #5 11/7/2023
Reasons for an ELECTED CHIEF OF POLICE

1. Voters should make the decision

2. Lack of trust in the appointed model due to concerns regarding current political climate

3. Current system works well; check and balances; makes Santa Clara unique ·- 4. Qualifications should be added

5. Residency requirements should be eliminated

6. Elected Chief more inclined to keep best interest of the public in mind. Builds rapport between SCPD & community.

7. Chief should be independent; Position needs to be free from political pressure/outside influence ·---- - - - 8. Elected Chief process is more transparent

9. Chief position should be responsible for full range of department responsibilities - - 10. Waste of public funds
15 15

DECISION-TREE VOTING PROCESS
16 16
8 Item #5
Expected Outcomes
Elected
Should positions of
Police Chief/City Clerk
Be Elected or
Appointed? Apprnnled
I
17 18
Should the position of City
Clerk be elected or
appointed?
Should the
qualifications for the
position be changed?
Should the appointing
authority be the City
Council or the City
Manager?
If elected, should the
quahfications for the position
be changed?
If appointed, should the
appointing authonty be the
City Council or the City
Manager?
<
<
If any changes,
propose 75-word
ballot language
If the Committee
recommends the position
remain elected and the
quahfications should not be
changed, no ballot language
is required.

If the Committee
recommends changes to
qualifications for the elected
City Clerk pos1llon, it must
identify changes and propose
75- word ballot language.

Prepare charter change to
identify City Council as
Appointing Authority
Prepare charter change to
identify City Manager as
Appointing Authonty
11/7/2023
Comm1ttee
Recommendations for
Each Position
18 9
Item #5 11/7/2023
Preliminary Decision-Tree Results
1111 City Clerk Chief of Police
Sept. 6 votes: City Clerk position 6 votes: Chief of Police position be 21, be appointed appointed
2023 1 vote: City Clerk position 1 vote: Chief of Police position remain elected remain elected
7 votes: if appointed, the 7 votes: if appointed, the
appointing authority should appointing authority should be the be the City Manager City Manager 19
19 Final Decision-Tree Results
1111 City Clerk Chief of Police
Oct 17, 6 votes: City Clerk position 5 votes: Chief of Police position be 2023 be appointed appointed
1 vote: City Clerk position 2 votes: Chief of Polioe position remain elected remain elected
7 votes: if appointed, the 7 votes: if appointed, the
appointing authority should appointing authority should be the be the City Manager City Manager
20 20
10 Item #5
21 22

PROPOSED BALLOT MEASURE LANGUAGE
Proposed Language
City Clerk: "Shall an amendment to the City Charter providing that the City Clerk position be appointed by the City Manager be adopted?"
Chief of Police: "Shall an amendment to the City Charter providing that the Chief of Police position be appointed by the City Manager be adopted?"
11/7/2023
21 22
11 Item #5
23 24

COMMITTEE RECOMMENDATIONS
Recommendations
• It is recommended that the City Council place before the voters the following charter amendments in March 2024:

City Clerk: "Shall an amendment to the City Charter providing that the City Clerk position be appointed by the City Manager be adopted?"
Chief of Police: "Shall an amendment to the City Charter providing that the Chief of Police position be appointed by the City Manager be adopted?"
11/7/2023
23 24
12 Item #5
25 26
Recommendations
• It is also recommended that if the ballot measures are successful, that the City Manager be encouraged to utilize recruitment strategies and hiring practices that will promote as diverse a pool of qualified candidates as possible
Acknowledgements
11/7/2023
25 26
13 11/7/2023 Item #5
POST MEETING MATERIAL 1
Marisa Welling
Subject: RE: Survey To Appoint Chief of Police and Clerk From: Alex Ikeda Salzmann <[email protected]> Sent: Monday, November 6, 2023 7:22 AM
To: Mayor and Council <[email protected]> Subject: Survey To Appoint Chief of Police and Clerk
It is unconscionable that a survey, asking residents whether they want the police chief to be elected or appointed, a survey that admittedly was likely tampered with rapid-fire unregistered responses is going to be used to do Jed York's bidding. Why would any resident vote to remove their right to elect city officials and instead ask the City manager to do that? The two potential choices for how to get a police chief are:
1) Let the union choose and then voters approve
2) Let Jed York's appointed manager choose and then his city council approves Neither choice is good, but at least a few people in the police union have a conscience. Why are you fighting on issues no one cares about? We want to see more police, more parks, fewer homeless, some of these building projects that have been languishing for years to come online.

Prevent water prices from going up double digits every year, like they have the last two years .... How are you going to improve infrastructure now that we are putting up tiny apartments everywhere and we have so many more residents and cars on our streets ....

You are beating on a charter change that one billionaire cares about and literally no one else in your community is thinking about.

Alex Salzmann
Boulevard HOA

POST MEETING MATERIAL
1 Santa Clara City Charter
Red-line of Proposed Changes – Combined City Clerk & Chief of Police Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023.

Article VI. The Elective Officers
Sec. 600 City elected officers.

No person shall be eligible to hold the elective office of Mayor, Chief of Police Department or City Clerk, unless he or she is a resident and a qualified registered elector of the City. No person shall be eligible to hold the elective office of City Council Member, excepting the Mayor, unless he or she is a qualified registered elector of the City and a resident in the district represented by the Council Member office.

In order to hold the elective office of Mayor, Chief of the Police Department or City Clerk a person must have been a resident of the City of Santa Clara for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.

In order to hold the elective office of Council Member, excepting the Mayor, a person must have been a resident of the City of Santa Clara and of the District represented by the person as a Council Member for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.

The elective officers of the City shall consist of a City Council composed of seven members, the Chief of the Police Department and the City Clerk. The Mayor and the Chief of the Police Department and the City Clerk shall be elected from the City at large at the times and in the manner provided in this Charter. Except as otherwise herein provided, a person elected to an office for other than an unexpired term, shall serve a term of four years, and shall serve until a successor is elected and qualified. The term shall commence on the date the City Council certifies the canvass of the election returns submitted to it by the County Registrar of Voters.

The person receiving the most votes cast for a particular City office shall be declared duly elected. Ties shall be broken as provided from time to time by ordinance.

The office of Mayor shall be separately voted upon and is a separate office.

The person elected at any election to the office designated “Mayor” shall be deemed elected, both as a Mayor and as a member of the Council. Although Santa Clara City Charter
Red-line of Proposed Changes – Combined City Clerk & Chief of Police Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. the Mayor is a Council member, his or her election does not change the number of Council members from seven.

No person shall be a candidate for both Mayor and a City Council office at the same election. However, an incumbent member of the City Council may run for the elective office of Mayor, and the Mayor may run for the separate office of Mayor or other City Council office. However, at no time shall a member of the Council, including the Mayor, hold more than one City elective office.

Except as otherwise provided elsewhere in this Charter, no incumbent member of the City Council while serving in such office with an unexpired term of more than six months shall be a candidate for any Council office other than the one which he or she holds. (Added by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10); Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023) Article VII. The Council
Sec. 701.1 Qualifications for Chief of the Police Department.

Candidates for the office of Chief of Police shall meet the minimum eligibility and qualification requirements imposed by state law upon candidates for the office of sheriff. (Added by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 703 Vacancies.

A vacancy in any elective office of the City, including Mayor and, City Council, Chief of Police Department, and City Clerk, from whatever cause arising, shall be filled by appointment by the City Council by a four-fifths (4/5) vote of the remaining members.

In the event the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the Santa Clara City Charter
Red-line of Proposed Changes – Combined City Clerk & Chief of Police Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. term of office. (As approved at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 19 of the State Statutes of 2017)
Article VIII. City Manager, Ordinances, Meetings
Sec. 802 Powers and duties.

The City Manager shall be chief executive officer and the head of the administrative branch of the City government. He/she shall be responsible to the City Council for the proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, he/she shall have power and shall be required to:
(a) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, including the Chief of Police and City Clerk, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. No person related to the City Manager by blood or by marriage shall be eligible for office or employment in the City.
(b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City.
(d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year.
(e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable.
(f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City.

Santa Clara City Charter
Red-line of Proposed Changes – Combined City Clerk & Chief of Police Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. (g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Article IX. Officers and Employees
Sec. 900 Officers to be appointed by the City Council and by the City Manager.

In addition to the City Manager, the City Council shall appoint and affix the compensation for the City Attorney and City Auditor who shall serve at the pleasure of the City Council and may be removed by motion of the City Council adopted by at least four affirmative votes.

All other officers and department heads of the City, including the Chief of Police and City Clerk, shall be appointed by the City Manager and shall serve at the pleasure of the City Manager at compensation fixed by the City Council. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 903 City clerk; powers and duties.

The City Clerk shall have the power and be required to:
(a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purposes;
(b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter;
(c) Maintain separate books, in which a record shall be made of all written contracts and official bonds;
(d) Keep all aforementioned books properly indexed and open to public inspection when not in actual use;
Santa Clara City Charter
Red-line of Proposed Changes – Combined City Clerk & Chief of Police Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. (e) Be the custodian of the seal of the City;
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; and (g) Have charge of all City elections.

The City Council may, in its discretion, appoint any other officer or employee of the City as City Clerk and grant such person additional compensation for the performance of such duties.

Article VI. The Elective Officers
Sec. 600 City elected officers.

No person shall be eligible to hold the elective office of Mayor or, Chief of Police Department or City Clerk, unless he or she is a resident and a qualified registered elector of the City. No person shall be eligible to hold the elective office of City Council Member, excepting the Mayor, unless he or she is a qualified registered elector of the City and a resident in the district represented by the Council Member office.

In order to hold the elective office of Mayor or, Chief of the Police Department or City Clerk a person must have been a resident of the City of Santa Clara for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.

The person receiving the most votes cast for a particular City office shall be declared duly elected. Ties shall be broken as provided from time to time by ordinance.

The office of Mayor shall be separately voted upon and is a separate office.

The person elected at any election to the office designated “Mayor” shall be deemed elected, both as a Mayor and as a member of the Council. Although Santa Clara City Charter
Red-line of Proposed Changes – City Clerk only
Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. the Mayor is a Council member, his or her election does not change the number of Council members from seven.

A vacancy in any elective office of the City, including Mayor, City Council, and Chief of Police Department, and City Clerk, from whatever cause arising, shall be filled by appointment by the City Council by a four-fifths (4/5) vote of the remaining members.

In the event the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (As approved at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 19 of the State Statutes of 2017)
Santa Clara City Charter
Red-line of Proposed Changes – City Clerk only
Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023.

Article VIII. City Manager, Ordinances, Meetings
Sec. 802 Powers and duties.

The City Manager shall be chief executive officer and the head of the administrative branch of the City government. He/she shall be responsible to the City Council for the proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, he/she shall have power and shall be required to:
(a) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, including the City Clerk, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. No person related to the City Manager by blood or by marriage shall be eligible for office or employment in the City. (b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City.
(d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year.
(e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable.
(f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City.
(g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter.

Santa Clara City Charter
Red-line of Proposed Changes – City Clerk only
Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Article IX. Officers and Employees
Sec. 900 Officers to be appointed by the City Council and by the City Manager.

All other officers and department heads of the City, including the City Clerk, shall be appointed by the City Manager and shall serve at the pleasure of the City Manager at compensation fixed by the City Council. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 903 City clerk; powers and duties.

The City Clerk shall have the power and be required to:
(a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purposes;
(b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter;
(c) Maintain separate books, in which a record shall be made of all written contracts and official bonds;
(d) Keep all aforementioned books properly indexed and open to public inspection when not in actual use;
(e) Be the custodian of the seal of the City;
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; and Santa Clara City Charter
Red-line of Proposed Changes – City Clerk only
Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. (g) Have charge of all City elections.

The City Council may, in its discretion, appoint any other officer or employee of the City as City Clerk and grant such person additional compensation for the performance of such duties.

Article VI. The Elective Officers
Sec. 600 City elected officers.

The person receiving the most votes cast for a particular City office shall be declared duly elected. Ties shall be broken as provided from time to time by ordinance.

The office of Mayor shall be separately voted upon and is a separate office.

The person elected at any election to the office designated “Mayor” shall be deemed elected, both as a Mayor and as a member of the Council. Although Santa Clara City Charter
Red-line of Proposed Changes – Chief of Police only
Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. the Mayor is a Council member, his or her election does not change the number of Council members from seven.

A vacancy in any elective office of the City, including Mayor, City Council, Chief of Police Department, and City Clerk, from whatever cause arising, shall be filled by appointment by the City Council by a four-fifths (4/5) vote of the remaining members.

In the event the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the Santa Clara City Charter
Red-line of Proposed Changes – Chief of Police only
Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. term of office. (As approved at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 19 of the State Statutes of 2017)
Article VIII. City Manager, Ordinances, Meetings
Sec. 802 Powers and duties.

The City Manager shall be chief executive officer and the head of the administrative branch of the City government. He/she shall be responsible to the City Council for the proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, he/she shall have power and shall be required to:
(a) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, including the Chief of Police, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. No person related to the City Manager by blood or by marriage shall be eligible for office or employment in the City. (b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City.
(d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year.
(e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable.
(f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City.

Santa Clara City Charter
Red-line of Proposed Changes – Chief of Police only
Location: https://www.codepublishing.com/CA/SantaClara/html/SantaClaraCH.html#400 The Santa Clara City Code is current through Ordinance 2062, passed August 22, 2023. (g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Article IX. Officers and Employees
Sec. 900 Officers to be appointed by the City Council and by the City Manager.

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council
Contact E-mail
Contact Phone
Today’s Date

WRITTEN REQUEST
I, , hereby request that the following item
be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

Reference: Council Policy 030 – Adding an Item on the Agenda Resolution No. 20-8895
28 November, but any date that gives enough time to file a potential ballot measure with the county will suffice.

City of
Santa Clara
The Center of What's Possible
Resolution/Special Election Page 1 of 15
Rev: 11/22/17
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR A

VOTE ON TWO BALLOT MEASURES THAT, IF PASSED, WOULD

AMEND THE CITY CHARTER TO PROVIDE THAT THE

POSITIONS OF CITY CLERK AND CHIEF OF POLICE BE
APPOINTED BY THE CITY MANAGER; REQUESTING THE

CONSOLIDATION OF THE SPECIAL MUNCIPAL ELECTION

WITH THE PRESIDENTIAL PRIMARY ELECTION TO BE HELD IN
SANTA CLARA COUNTY ON MARCH 5, 2024; DIRECTING THE

CITY CLERK TO TRANSMIT THE MEASURES TO THE CITY
ATTORNEY TO PREPARE THE IMPARTIAL ANALYSES; AND

DESIGNATING THE PARTIES RESPONSIBLE FOR

PREPARATION OF BALLOT ARGUMENTS
WHEREAS, on November 7, 2023, the City of Santa Clara Charter Review Committee presented a recommendation to the City Council to place two measures on a ballot that, if passed, would amend the City Charter to change the elected positions of City Clerk and Chief of Police to appointments by the City Manager;
WHEREAS, the City Council has considered the recommendation and desires to submit to the electors of the City of Santa Clara at a Special Municipal Election two ballot measure proposals that, if passed, would amend the City Charter to change the elected positions of City Clerk and Chief of Police to appointments by the City Manager;
WHEREAS, pursuant to California Elections Code section 1201, the next Presidential Primary election will be held on March 5, 2024;
WHEREAS, in the course of conducting a Special Municipal Election on March 5, 2024, it is desired that that the Board of Supervisors of the County of Santa Clara consolidate a special municipal election to be held on March 5, 2024, with the Presidential Primary election to be held on the same date for the purpose of submitting two ballot measures to the voters to consider a charter amendment. It is also necessary for the City to request services of the County as set forth in this resolution.

Resolution/Special Election Page 2 of 15
Rev: 11/22/17

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA AS FOLLOWS:

1. Pursuant to the requirements of section 10403 of the California Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Presidential Primary Election on Tuesday, March 5, 2024, for the purpose of placing two measures on the ballot that, if passed, would amend the City Charter to change the elected positions of City Clerk and Chief of Police, respectively, to positions that are appointed by the City Manager. The two measures are more particularly described in Section 7 of this Resolution, below.

2. The consolidated election shall be held and conducted, the election officers appointed, the voting precincts designated, the ballots printed, the polls opened and closed, the ballots counted and returned, the returns canvassed, and all other applicable proceedings to be performed in connection with the above consolidated election, be regulated and performed by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of applicable laws regulating consolidated elections. This City Council consents to such consolidation.

3. The Registrar of Voters is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

4. The Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

5. The City of Santa Clara recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

6. The City Clerk is directed to file a certified copy of this Resolution without delay with the Board of Supervisors and the County Registrar of Voters.

Resolution/Special Election Page 3 of 15
Rev: 11/22/17

7. Pursuant to the requirements of the laws of the State of California relating to Charter Cities, and pursuant to the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at Section 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at Section 9255), the City Council hereby calls and orders to be held in the City of Santa Clara, California, on Tuesday, March 5, 2024, a Special Municipal Election for the purpose of submitting to the voters the following ballot measures:
a. MEASURE 1: The City Council hereby proposes to amend Santa Clara City Charter Article VI section 600, Article VII section 703, Article VIII section 802, and Article IX sections 900 and 903 as set forth in Exhibit A, attached hereto and incorporated herein by reference (with additions to and deletions from the current text indicated thereon). If the measure is approved by a majority of voters, City Charter Article VI section 600, Article VII section 703, Article VIII section 802, and Article IX sections 900 and 903, shall be amended, as set forth in the measure, and the amendment shall be effective on the date that the City Council declares the results of the special municipal election. In accordance with Elections Code sections 13247 and 9051, and in order to submit the proposed measure described herein to the voters, the City Council hereby approves and orders the following ballot question to be submitted to the qualified electors of the City of Santa Clara at the special municipal election on March 5, 2024:

Measure 1
Shall an amendment to the City Charter providing that the City Clerk position be appointed by the City Manager be adopted?
Yes
No

b. MEASURE 2: The City Council hereby proposes to amend Santa Clara City Charter Article VI section 600, Article VII sections 701.1 and 703, Article VIII section 802, and Resolution/Special Election Page 4 of 15
Rev: 11/22/17
Article IX section 900, as set forth in Exhibit B, attached hereto and incorporated herein by reference (with additions to and deletions from the current text indicated thereon). If the measure is approved by a majority of voters, City Charter Article VI section 600, Article VII sections 701.1 and 703, Article VIII section 802, and Article IX section 900 shall be amended, as set forth in the measure, and the amendment shall be effective on the date that the City Council declares the results of the special municipal election. In accordance with Elections Code sections 13247 and 9051, and in order to submit the proposed measure described herein to the voters, the City Council hereby approves and orders the following ballot question to be submitted to the qualified electors of the City of Santa Clara at the special municipal election on March 5, 2024:

Measure 2
Shall an amendment to the City Charter providing that the Chief of Police position be appointed by the City Manager be adopted?
Yes
No

8. The Council hereby selects the following course of action regarding arguments in favor of proposed ballot Measures 1 and 2: (Council to select one of the following concurrent with the adoption of resolution):
a. Measure 1
i. Two or Three City Council Members who support adoption of the proposed Charter Amendment shall be authorized to, and shall, jointly file an official ballot Argument in favor of the proposed Charter Amendment measure. The City Council Members authorized to file such ballot Argument, or at least two, but no more than three, other City Council Members authorized to do so by the City Council, shall also jointly file a Rebuttal Argument to any Argument against the proposed Charter Amendment that may be filed. Neither the City Council, Resolution/Special Election Page 5 of 15
Rev: 11/22/17
nor any of its Members, shall file a ballot Argument in opposition to the proposed Charter Amendment measure in their official capacity;
OR
ii. Takes no action with regard to authorizing the Council or member of the Council to submit a written argument (in favor) of the measure, in which case the City Clerk shall select arguments for or against the measure in accordance with the priority order set forth in Elections Code section 9287.
b. Measure 2
i. Two or three City Council Members who support adoption of the proposed Charter Amendment shall be authorized to, and shall, jointly file an official ballot Argument in favor of the proposed Charter Amendment measure. The City Council Members authorized to file such ballot Argument, or at least two, but no more than 3, other City Council Members authorized to do so by the City Council, shall also jointly file a Rebuttal Argument to any Argument against the proposed Charter Amendment that may be filed. Neither the City Council, nor any of its Members, shall file a ballot Argument in opposition to the proposed Charter Amendment measure in their official capacity;
OR
ii. Takes no action with regard to authorizing the Council or member of the Council to submit a written argument (in favor) of the measure, in which case the City Clerk shall select arguments for or against the measure in accordance with the priority order set forth in Elections Code section 9287.

9. Primary and rebuttal arguments for the measure may be filed consistent with Elections Code section 9282, et seq. In accordance with the Elections Code sections 9285 and 9286 the ballot arguments must be submitted no later than December 11, 2023, to the City Clerk, and rebuttal arguments must be submitted no later than December 18, 2023.

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10. Pursuant to Elections Code section 9280, the City Attorney shall cause the preparation of an impartial analysis of each measure, which shall be due by December 18, 2023.

11. The City Council finds, pursuant to Title 14 of the California Code of Regulations, sections 15378(b)(4) and 15378(b)5) that this resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it involves fiscal and administrative activities that will not result in a potentially significant impact on the environment.

12. Pursuant to California Elections Code section 10002, the City Council hereby requests that the Board of Supervisors authorize and direct the County Elections Department to provide such services as may be necessary to properly and lawfully hold and conduct a Consolidated Special Municipal Election in the City on March 5, 2024, including, but not restricted to, furnishing indexes and election equipment, appointing precinct workers and officials, instructing workers and officials, addressing sample ballots for said City election, issuing absentee ballots, establishing and providing early voting, conducting central counting and official canvass, and performing such other acts as may be required, or directed by the City Clerk.

13. The City Clerk is hereby authorized and directed to reimburse the County for services performed in accordance with this resolution, when the work is completed and upon presentation to the City of a properly approved bill subject to the approval by the City Clerk.

14. The City Clerk is hereby authorized and directed to coordinate with the County Registrar of Voters to procure and furnish the procurement of any and all official ballots, notices, printed matter, and all supplies, equipment, paraphernalia that may be necessary in order to properly and lawfully conduct the Consolidated Special Municipal Election. The ballots to be used at the election shall be in form and content as required by law.

15. If it is determined that the City Clerk has a conflict of interest, the responsibilities of the City Clerk, as described in this Resolution, shall be performed by the Assistant City Clerk.

16. In all particulars not recited in this Resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections.

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17. This resolution provides notice of the time and place of holding the Special Municipal Election, and the City Clerk is authorized, instructed and directed to give further or additional notice of the Special Municipal Election in time, form, and manner as required by law.

18. The proposed measures shall not take effect unless and until approved by a vote of at least 50% plus one of the voters voting on the questions at the election.

19. The City Clerk is hereby authorized and directed to certify due to the adoption of this Resolution.

20. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 5TH DAY OF DECEMBER 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

Attachments incorporated by reference:

1. Exhibit A

2. Exhibit B
Exhibit A Page 8 of 15
Exhibit A
Charter Amendment Measure
Proposed Additions Shown as Underline
Proposed Deletions Shown as Strikethrough
That the citizens of the City of Santa Clara do hereby enact the following amendments to the City Charter.

Section 1. Section 600 of the Charter of the City of Santa Clara, entitled “City elected officers”, is amended to be read as follows:

Sec. 600 City elected officers.

No person shall be eligible to hold the elective office of Mayor or Chief of Police Department or City Clerk, unless he or she is a resident and a qualified registered elector of the City. No person shall be eligible to hold the elective office of City Council Member, excepting the Mayor, unless he or she is a qualified registered elector of the City and a resident in the district represented by the Council Member office.

In order to hold the elective office of Mayor or Chief of the Police Department or City Clerk a person must have been a resident of the City of Santa Clara for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.

The elective officers of the City shall consist of a City Council composed of seven members, and the Chief of the Police Department and the City Clerk. The Mayor and the Chief of the Police Department and the City Clerk shall be elected from the City at large at the times and in the manner provided in this Charter. Except as otherwise herein provided, a person elected to an office for other than an unexpired term, shall serve a term of four years, and shall serve until a successor is elected and qualified. The term shall commence on the date the City Council certifies the canvass of the election returns submitted to it by the County Registrar of Voters.

The person receiving the most votes cast for a particular City office shall be declared duly elected. Ties shall be broken as provided from time to time by ordinance.

The office of Mayor shall be separately voted upon and is a separate office. The person elected at any election to the office designated “Mayor” shall be deemed elected, both as a Mayor and as a member of the Council. Although the Mayor is a Council member, his or her election does not change the number of Council members from seven.

No person shall be a candidate for both Mayor and a City Council office at the same election. However, an incumbent member of the City Council may run for the elective Exhibit A Page 9 of 15
office of Mayor, and the Mayor may run for the separate office of Mayor or other City Council office. However, at no time shall a member of the Council, including the Mayor, hold more than one City elective office. Except as otherwise provided elsewhere in this Charter, no incumbent member of the City Council while serving in such office with an unexpired term of more than six months shall be a candidate for any Council office other than the one which he or she holds. (Added by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10); Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023)
Section 2. Section 703 of the Charter of the City of Santa Clara, entitled “Vacancies”, is amended to be read as follows:

Sec. 703 Vacancies.

In the event the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (As approved at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 19 of the State Statutes of 2017)
Section 3. Section 802 of the Charter of the City of Santa Clara, entitled “Powers and duties”, is amended to be read as follows:

Sec. 802 Powers and duties.

Exhibit A Page 10 of 15
(b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City. (d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable. (f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City. (g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Section 4. Section 900 of the Charter of the City of Santa Clara, entitled “Officers to be appointed by the City Council and by the City Manager”, is amended to be read as follows:

Sec. 900 Officers to be appointed by the City Council and by the City Manager.

Sec. 903 City clerk; powers and duties.

The City Clerk shall have the power and be required to:
(a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purposes; (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the clerk annexed to each thereof stating the same to Exhibit A Page 11 of 15
be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; (c) Maintain separate books, in which a record shall be made of all written contracts and official bonds;
(d) Keep all aforementioned books properly indexed and open to public inspection when not in actual use;
(e) Be the custodian of the seal of the City;
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; and (g) Have charge of all City elections.

The City Council may, in its discretion, appoint any other officer or employee of the City as City Clerk and grant such person additional compensation for the performance of such duties.

Section 6. Effective Date. The currently-seated City Clerk will serve out the remainder of their term through December 17, 2024, unless vacated earlier. If a vacancy of the elected City Clerk occurs prior to December 17, 2024, the position shall be appointed by the City Manager.

Section 7. City Clerk Authority to Make Minor Corrections. The City Clerk shall be authorized to make minor amendments to the Charter to correct typographical errors or to make other similar non-substantive corrections, subject to ratification by the City Council and approval as to form by the City Attorney.

Exhibit B Page 12 of 15
Exhibit B
Charter Amendment Measure
Proposed Additions Shown as Underline
Proposed Deletions Shown as Strikethrough
That the citizens of the City of Santa Clara do hereby enact the following amendments to the City Charter.

Section 1. Section 600 of the Charter of the City of Santa Clara, entitled “City elected officers”, is amended to be read as follows:

Sec. 600 City elected officers.

The person receiving the most votes cast for a particular City office shall be declared duly elected. Ties shall be broken as provided from time to time by ordinance.

Exhibit B Page 13 of 15
No person shall be a candidate for both Mayor and a City Council office at the same election. However, an incumbent member of the City Council may run for the elective office of Mayor, and the Mayor may run for the separate office of Mayor or other City Council office. However, at no time shall a member of the Council, including the Mayor, hold more than one City elective office. Except as otherwise provided elsewhere in this Charter, no incumbent member of the City Council while serving in such office with an unexpired term of more than six months shall be a candidate for any Council office other than the one which he or she holds. (Added by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10); Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023)
Section 2. Section 700.1 of the Charter of the City of Santa Clara, entitled “Qualifications for Chief of the Police Department”, shall be deleted in its entirety.

Sec. 701.1 Qualifications for Chief of the Police Department.

Sec. 703 Vacancies.

In the event the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (As approved at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 19 of the State Statutes of 2017)
Section 4. Section 802 of the Charter of the City of Santa Clara, entitled “Powers and duties”, is amended to be read as follows:

Sec. 802 Powers and duties.

The City Manager shall be chief executive officer and the head of the administrative branch of the City government. He/she shall be responsible to the City Council for the Exhibit B Page 14 of 15
proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, he/she shall have power and shall be required to:
(a) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, including the Chief of Police, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. No person related to the City Manager by blood or by marriage shall be eligible for office or employment in the City.
(b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City. (d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable. (f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City. (g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Section 5. Section 900 of the Charter of the City of Santa Clara, entitled “Officers to be appointed by the City Council and by the City Manager”, is amended to be read as follows:

Sec. 900 Officers to be appointed by the City Council and by the City Manager.

All other officers and department heads of the City, including the Chief of Police, shall be appointed by the City Manager and shall serve at the pleasure of the City Manager at compensation fixed by the City Council. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Section 6: Effective Date. The currently-seated Chief of Police will serve out the remainder of their term through December 17, 2024, unless vacated earlier. If a vacancy of the elected Chief Exhibit B Page 15 of 15
of Police occurs prior to December 17, 2024, the position shall be appointed by the City Manager.

Section 7: City Clerk Authority to Make Minor Corrections. The City Clerk shall be authorized to make minor amendments to the Charter to correct typographical errors or to make other similar non-substantive corrections, subject to ratification by the City Council and approval as to form by the City Attorney.

Resolution/Special Election Page 1 of 5
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RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR A

VOTE ON ONE BALLOT MEASURE THAT, IF PASSED, WOULD
AMEND ARTICLE VI SECTION 600, ARTICLE VII SECTION 703,
ARTICLE VIII SECTION 802, AND ARTICLE IX SECTIONS 900
AND 903 OF THE SANTA CLARA CITY CHARTER TO PROVIDE

THAT THE POSITION OF CITY CLERK BE APPOINTED BY THE
CITY MANAGER; REQUESTING THE CONSOLIDATION OF THE

SPECIAL MUNCIPAL ELECTION WITH THE PRESIDENTIAL

PRIMARY ELECTION TO BE HELD IN SANTA CLARA COUNTY
ON MARCH 5, 2024; DIRECTING THE CITY CLERK TO

TRANSMIT THE MEASURE TO THE CITY ATTORNEY TO
PREPARE THE IMPARTIAL ANALYSIS; AND DESIGNATING THE

PARTIES RESPONSIBLE FOR PREPARATION OF BALLOT

ARGUMENTS
WHEREAS, on November 7, 2023, the City of Santa Clara Charter Review Committee presented a recommendation to the City Council to place two measures on a ballot that, if passed, would amend the City Charter to change the elected positions of City Clerk and Chief of Police to appointments by the City Manager;
WHEREAS, the City Council has considered the recommendation and desires to submit to the electors of the City of Santa Clara at a Special Municipal Election a ballot measure proposal that, if passed, would amend the City Charter to change the elected position of City Clerk to an appointed position by the City Manager;
WHEREAS, pursuant to California Elections Code section 1201, the next Presidential Primary election will be held on March 5, 2024;
WHEREAS, in the course of conducting a Special Municipal Election on March 5, 2024, it is desired that that the Board of Supervisors of the County of Santa Clara consolidate a special municipal election to be held on March 5, 2024, with the Presidential Primary election to be held on the same date for the purpose of submitting a ballot measure to the voters to consider a charter amendment. It is also necessary for the City to request services of the County as set forth in this resolution.

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NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA AS FOLLOWS:

1. Pursuant to the requirements of section 10403 of the California Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Presidential Primary Election on Tuesday, March 5, 2024, for the purpose of placing one measure on the ballot that, if passed, would amend the Santa Clara City Charter Article VI section 600, Article VII section 703, Article VIII section 802, and Article IX sections 900 and 903. The measure is more particularly described in section 9 of this Resolution below.

2. The consolidated election shall be held and conducted, the election officers appointed, the voting precincts designated, the ballots printed, the polls opened and closed, the ballots counted and returned, the returns canvassed, and all other applicable proceedings to be performed in connection with the above consolidated election, be regulated and performed by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of applicable laws regulating consolidating elections. This City Council consents to such consolidation.

4. The Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

5. The City of Santa Clara recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

6. The City Clerk is directed to file a certified copy of this Resolution without delay with the Board of Supervisors and the County Registrar of Voters.

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8. The City Council hereby proposes to amend Santa Clara City Charter Article VI section 600, Article VII section 703, Article VIII section 802, and Article IX sections 900 and 903 as set forth in Exhibit A, attached hereto and incorporated herein by reference (with additions to and deletions from the current text indicated thereon); and the City Council hereby approves and orders the proposed measure to be submitted to the qualified electors of the City of Santa Clara at a special municipal election on March 5, 2024. If the measure is approved by a majority of voters, Santa Clara City Charter Article VI section 600, Article VII section 703, Article VIII section 802, and Article IX sections 900 and 903 shall be amended, as set forth in the measure, and the amendment shall be effective on the date that the City Council declares the results of the special municipal election.

9. In accordance with Elections Code sections 13247 and 9051, and in order to submit the proposed measure described herein to the voters, the City Council hereby approves and orders the following ballot question to be submitted to the qualified electors of the City of Santa Clara at the special municipal election on March 5, 2024:

A. Measure 1
Shall an amendment to the City Charter providing that the City Clerk position be appointed by the City Manager be adopted?
Yes
No
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10. The Council hereby selects the following course of action regarding arguments in favor of the proposed ballot measure (Council to select one of the following concurrent with the adoption of resolution):
a. Measure 1
i. Two or Three City Council Members who support adoption of the proposed Charter Amendment shall be authorized to, and shall, jointly file an official ballot Argument in favor of the proposed Charter Amendment measure. The City Council Members authorized to file such ballot Argument, or at least two, but no more than three, other City Council Members authorized to do so by the City Council, shall also jointly file a Rebuttal Argument to any Argument against the proposed Charter Amendment that may be filed. Neither the City Council, nor any of its Members, shall file a ballot Argument in opposition to the proposed Charter Amendment measure in their official capacity;
OR
ii. Takes no action with regard to authorizing the Council or member of the Council to submit a written argument (in favor) of the measure, in which case the City Clerk shall select arguments for or against the measure in accordance with the priority order set forth in Elections Code section 9287.

11. Primary and rebuttal arguments for the measure may be filed consistent with Elections Code section 9282, et seq. In accordance with the Elections Code sections 9285 and 9286 the ballot arguments must be submitted no later than December 11, 2023, to the City Clerk, and rebuttal arguments must be submitted no later than December 18, 2023.

12. Pursuant to Elections Code section 9280, the City Attorney shall cause the preparation of an impartial analysis, which shall be due by December 18, 2023.

13. The City Council finds, pursuant to Title 14 of the California Code of Regulations, sections 15378(b)(4) and 15378(b)5) that this resolution is exempt from the requirements of the Resolution/Special Election Page 5 of 5
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California Environmental Quality Act (CEQA) in that it involves fiscal and administrative activities that will not result in a potentially significant impact on the environment.

14. Pursuant to California Elections Code section 10002, the City Council hereby requests that the Board of Supervisors authorize and direct the County Elections Department to provide such services as may be necessary to properly and lawfully hold and conduct a Consolidated Special Municipal Election in the City on March 5, 2024, including, but not restricted to, furnishing indexes and election equipment, appointing precinct workers and officials, instructing workers and officials, addressing sample ballots for said City election, issuing absentee ballots, establishing and providing early voting, conducting central counting and official canvass, and performing such other acts as may be required, or directed by the City Clerk.

15. The City Clerk is hereby authorized and directed to reimburse the County for services performed in accordance with this resolution, when the work is completed and upon presentation to the City of a properly approved bill subject to the approval by the City Clerk.

16. The City Clerk is hereby authorized and directed to coordinate with the County Registrar of Voters to procure and furnish the procurement of any and all official ballots, notices, printed matter, and all supplies, equipment, paraphernalia that may be necessary in order to properly and lawfully conduct the Consolidated Special Municipal Election. The ballots to be used at the election shall be in form and content as required by law.

17. If it is determined that the City Clerk has a conflict of interest, the responsibilities of the City Clerk, as described in this Resolution, shall be performed by the Assistant City Clerk.

18. In all particulars not recited in this Resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections.

19. This resolution provides notice of the time and place of holding the Special Municipal Election, and the City Clerk is authorized, instructed and directed to give further or additional notice of the Special Municipal Election in time, form, and manner as required by law.

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20. The proposed measure shall not take effect unless and until approved by a vote of at least 50% plus one of the voters voting on the questions at the election.

21. The City Clerk is hereby authorized and directed to certify due to the adoption of this Resolution.

22. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 5TH DAY OF DECEMBER 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

Attachments incorporated by reference:

1. Exhibit A
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Exhibit A
Charter Amendment Measure
Proposed Additions Shown as Underline
Proposed Deletions Shown as Strikethrough
That the citizens of the City of Santa Clara do hereby enact the following amendments to the City Charter.

Section 1. Section 600 of the Charter of the City of Santa Clara, entitled “City elected officers”, is amended to be read as follows:

Sec. 600 City elected officers.

The person receiving the most votes cast for a particular City office shall be declared duly elected. Ties shall be broken as provided from time to time by ordinance.

No person shall be a candidate for both Mayor and a City Council office at the same election. However, an incumbent member of the City Council may run for the elective Resolution/Special Election Page 8 of 5
Rev: 11/22/17
office of Mayor, and the Mayor may run for the separate office of Mayor or other City Council office. However, at no time shall a member of the Council, including the Mayor, hold more than one City elective office. Except as otherwise provided elsewhere in this Charter, no incumbent member of the City Council while serving in such office with an unexpired term of more than six months shall be a candidate for any Council office other than the one which he or she holds. (Added by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10); Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023)
Section 2. Section 703 of the Charter of the City of Santa Clara, entitled “Vacancies”, is amended to be read as follows:

Sec. 703 Vacancies.

In the event the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (As approved at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 19 of the State Statutes of 2017)
Section 3. Section 802 of the Charter of the City of Santa Clara, entitled “Powers and duties”, is amended to be read as follows:

Sec. 802 Powers and duties.

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(b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City. (d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable. (f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City. (g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Section 4. Section 900 of the Charter of the City of Santa Clara, entitled “Officers to be appointed by the City Council and by the City Manager”, is amended to be read as follows:

Sec. 900 Officers to be appointed by the City Council and by the City Manager.

Sec. 903 City clerk; powers and duties.

The City Clerk shall have the power and be required to:
(a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purposes; (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the clerk annexed to each thereof stating the same to Resolution/Special Election Page 10 of 5
Rev: 11/22/17
be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; (c) Maintain separate books, in which a record shall be made of all written contracts and official bonds;
(d) Keep all aforementioned books properly indexed and open to public inspection when not in actual use;
(e) Be the custodian of the seal of the City;
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; and (g) Have charge of all City elections.

The City Council may, in its discretion, appoint any other officer or employee of the City as City Clerk and grant such person additional compensation for the performance of such duties.

Resolution/Special Election Page 1 of 5
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RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR A

VOTE ON ONE BALLOT MEASURE THAT, IF PASSED, WOULD
AMEND ARTICLE VI SECTION 600, ARTICLE VII SECTIONS
701.1 AND 703, ARTICLE VII SECTION 802 AND ARTICLE IX
SECTION 900 OF THE SANTA CLARA CITY CHARTER TO

PROVIDE THAT THE POSITION OF CHIEF OF POLICE BE
APPOINTED BY THE CITY MANAGER; REQUESTING THE

CONSOLIDATION OF THE SPECIAL MUNCIPAL ELECTION

WITH THE PRESIDENTIAL PRIMARY ELECTION TO BE HELD IN
SANTA CLARA COUNTY ON MARCH 5, 2024; DIRECTING THE

CITY CLERK TO TRANSMIT THE MEASURE TO THE CITY
ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS; AND

DESIGNATING THE PARTIES RESPONSIBLE FOR

PREPARATION OF BALLOT ARGUMENTS
WHEREAS, on November 7, 2023, the City of Santa Clara Charter Review Committee presented a recommendation to the City Council to place two measures on a ballot that, if passed, would amend the City Charter to change the elected positions of City Clerk and Chief of Police to appointments by the City Manager;
WHEREAS, the City Council has considered the recommendation and desires to submit to the electors of the City of Santa Clara at a Special Municipal Election a ballot measure proposal that, if passed, would amend the City Charter to change the elected position of Chief of Police to an appointed position by the City Manager;
WHEREAS, pursuant to California Elections Code section 1201, the next Presidential Primary election will be held on March 5, 2024;
WHEREAS, in the course of conducting a Special Municipal Election on March 5, 2024, it is desired that that the Board of Supervisors of the County of Santa Clara consolidate a special municipal election to be held on March 5, 2024, with the Presidential Primary election to be held on the same date for the purpose of submitting a ballot measure to the voters to consider a charter amendment. It is also necessary for the City to request services of the County as set forth in this resolution.

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NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. Pursuant to the requirements of section 10403 of the California Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Presidential Primary Election on Tuesday, March 5, 2024, for the purpose of placing one measure on the ballot that, if passed, would amend the Santa Clara City Charter Article VI section 600, Article VII sections 701.1 and 703, Article VIII section 802, and Article IX section 900. The measure is more particularly described in section 9 of this Resolution below.

2. The consolidated election shall be held and conducted, the election officers appointed, the voting precincts designated, the ballots printed, the polls opened and closed, the ballots counted and returned, the returns canvassed, and all other applicable proceedings to be performed in connection with the above consolidated election, be regulated and performed by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of applicable laws regulating consolidating elections. This City Council consents to such consolidation.

4. The Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

5. The City of Santa Clara recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

6. The City Clerk is directed to file a certified copy of this Resolution without delay with the Board of Supervisors and the County Registrar of Voters.

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8. The City Council hereby proposes to amend Santa Clara City Charter Article VI section 600, Article VII sections 701.1 and 703, Article VIII section 802, and Article IX section 900, as set forth in Exhibit A, attached hereto and incorporated herein by reference (with additions to and deletions from the current text indicated thereon); and the City Council hereby approves and orders the proposed measure to be submitted to the qualified electors of the City of Santa Clara at a special municipal election on March 5, 2024. If the measure is approved by a majority of voters, City Charter Article VI section 600, Article VII sections 701.1 and 703, Article VIII section 802, and Article IX section 900 shall be amended, as set forth in the measure, and the amendment shall be effective on the date that the City Council declares the results of the special municipal election.

A. Measure 1
Shall an amendment to the City Charter providing that the Chief of Police position be appointed by the City Manager be adopted?
Yes
No
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10. The Council hereby selects the following course of action regarding arguments in favor of the proposed ballot measure: (Council to select one of the following concurrent with the adoption of resolution):
a. Measure 1
i. Two or Three City Council Members who support adoption of the proposed Charter Amendment shall be authorized to, and shall, jointly file an official ballot Argument in favor of the proposed Charter Amendment measure. The City Council Members authorized to file such ballot Argument, or at least two, but no more than three, other City Council Members authorized to do so by the City Council, shall also jointly file a Rebuttal Argument to any Argument against the proposed Charter Amendment that may be filed. Neither the City Council, nor any of its Members, shall file a ballot Argument in opposition to the proposed Charter Amendment measure in their official capacity;
OR
ii. Takes no action with regard to authorizing the Council or member of the Council to submit a written argument (in favor) of the measure, in which case the City Clerk shall select arguments for or against the measure in accordance with the priority order set forth in Elections Code section 9287.

12. Pursuant to Elections Code section 9280, the City Attorney shall cause the preparation of an impartial analysis, which shall be due by December 18, 2023.

17. If it is determined that the City Clerk has a conflict of interest, the responsibilities of the City Clerk, as described in this Resolution, shall be performed by the Assistant City Clerk.

18. In all particulars not recited in this Resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections.

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20. The proposed measure shall not take effect unless and until approved by a vote of at least 50% plus one of the voters voting on the questions at the election.

21. The City Clerk is hereby authorized and directed to certify due to the adoption of this Resolution.

22. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 5TH DAY OF DECEMBER 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

Attachments incorporated by reference:

Section 1. Section 600 of the Charter of the City of Santa Clara, entitled “City elected officers”, is amended to be read as follows:

Sec. 600 City elected officers.

The person receiving the most votes cast for a particular City office shall be declared duly elected. Ties shall be broken as provided from time to time by ordinance.

No person shall be a candidate for both Mayor and a City Council office at the same election. However, an incumbent member of the City Council may run for the elective Resolution/Special Election Page 8 of 5
Rev: 11/22/17
office of Mayor, and the Mayor may run for the separate office of Mayor or other City Council office. However, at no time shall a member of the Council, including the Mayor, hold more than one City elective office. Except as otherwise provided elsewhere in this Charter, no incumbent member of the City Council while serving in such office with an unexpired term of more than six months shall be a candidate for any Council office other than the one which he or she holds. (Added by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10); Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023)
Section 2. Section 700.1 of the Charter of the City of Santa Clara, entitled “Qualifications for Chief of the Police Department”, shall be deleted in its entirety.

Sec. 701.1 Qualifications for Chief of the Police Department.

Sec. 703 Vacancies.

In the event the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (As approved at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 19 of the State Statutes of 2017)
Section 4. Section 802 of the Charter of the City of Santa Clara, entitled “Powers and duties”, is amended to be read as follows:

Sec. 802 Powers and duties.

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(a) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, including the Chief of Police, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. No person related to the City Manager by blood or by marriage shall be eligible for office or employment in the City.
(b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City. (d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable. (f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City. (g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Section 5. Section 900 of the Charter of the City of Santa Clara, entitled “Officers to be appointed by the City Council and by the City Manager”, is amended to be read as follows:

Sec. 900 Officers to be appointed by the City Council and by the City Manager.

All other officers and department heads of the City, including the Chief of Police, shall be appointed by the City Manager and shall serve at the pleasure of the City Manager at compensation fixed by the City Council. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Section 6: Effective Date. The currently-seated Chief of Police will serve out the remainder of their term through December 17, 2024, unless vacated earlier. If a vacancy of the elected Chief of Police occurs prior to December 17, 2024, the position shall be appointed by the City Manager.

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Section 7: City Clerk Authority to Make Minor Corrections. The City Clerk shall be authorized to make minor amendments to the Charter to correct typographical errors or to make other similar non-substantive corrections, subject to ratification by the City Council and approval as to form by the City Attorney.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1435 Agenda Date: 12/5/2023

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Manager’s Request to Execute Agreement with Colony Landscape and Maintenance, Inc. for Sod Removal and Related Services at Levi’s Stadium [Continued from November 14, 2023 Meeting]

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
As the Stadium Manager of Levi’s Stadium, Forty Niners Stadium Management Company LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and Stadium Manager.

The Stadium Manager is requesting approval to execute an agreement with Colony Landscape and Maintenance, Inc. for sod removal and related services for a three year period beginning November 15, 2023 through November 14, 2026, with the option to extend the agreement for two additional one year periods, in an amount not to exceed $600,000 annually for the first and second contract years and $620,000 in the third contract year. The total not to exceed amount of the agreement is $1,820,000 over the initial three-year term.

A Recommendation for Award Memo was submitted describing the services, solicitation process, and Stadium Manager’s request (Attachment 1).

DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo and supporting documents for consistency with the Stadium Authority Procurement Policy and Santa Clara City Code Chapter 2.105.140(c) (Competitive requirements for purchases - Formal requests for proposals for agreements with an amount over $250,000). The Stadium Manager implemented a Request for Proposals (RFP) process and received one proposal from Colony Landscape and Maintenance, Inc.

In the Recommendation for Award memo, it was noted that the Stadium Manager contacted a number of potential suppliers were contacted; however, the sod removal and related services required by the Stadium Manager is generally not offered by many providers. The Stadium Manager determined Colony Landscape and Maintenance, Inc. to be within the competitive range in each of the evaluation ranges after the initial evaluation and conducting business, legal, and cost clarification meetings with the vendor.

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23-1435 Agenda Date: 12/5/2023
Based on the documentation provided, staff recommends approval of the Stadium Manager’s request to execute an agreement with Colony Landscape and Maintenance, Inc. for sod removal and related services for a three-year period, in an amount not to exceed $600,000 annually for the first and second contract years and $620,000 in the third contract year, for a total not to exceed amount of $1,820,000 over the three-year period. Staff also recommends authorizing the Stadium Manager to exercise the option to extend the agreement with the same basic terms and conditions for two additional one-year periods, if the associated costs have been approved by the Board in the Stadium Authority Budget. It should be noted that these services will not include sod delivery and replacement, which is covered under a separate agreement.

The Stadium Authority Counsel’s Office has reviewed the requested agreement for comparison to the Stadium Authority’s customary language. While there are some differences in the language, including portions covering compliance with laws such as prevailing wage and conflict of interest, the agreement submitted here for approval contains the necessary language which identifies these legal obligations to the vendor. The vendor expressly agrees to adhere to such obligations upon its execution of the agreement. Nothing in the proposed agreement changes the Stadium Authority’s rights under the Management Agreement and specifically with respect to any dispute that may arise from the Stadium Manager’s obligations under the Management Agreement.

The Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal yearend reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The Stadium Authority Fiscal Year (FY) 2023/24 Budget contains Shared Stadium Manager Expenses (Shared Expenses) such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. Shared Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company, LLC (StadCo) per the Stadium Lease. Most Shared Expenses are split 50/50, with Groundskeeping being the exception with a 70/30 split and StadCo being responsible for the larger share.

There are sufficient funds in the FY 2023/24 Shared Expenses Groundskeeping line item to cover Stadium Authority’s thirty percent (30%) of the Shared Expenses portion of the agreement cost for the first contract year of the initial term (up to $180,000). Since the renewal term extends beyond a single fiscal year, the term for subsequent fiscal years is conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under the agreement as required under Santa Clara City Code Section 17.30.100. The Stadium Authority's portion for the remaining contract years are up to $180,000 annually for the second contract year and up to $186,000 for the third contract year.

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23-1435 Agenda Date: 12/5/2023

COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Offices.

RECOMMENDATION

1. Approve the Stadium Manager’s request to execute an agreement with Colony Landscape and Maintenance, Inc. to provide sod removal and related services at Levi’s Stadium for a threeyear period beginning November 15, 2023 through November 14, 2026, in an amount not exceed $600,000 annually for the first and second contract year and $620,000 for the third contract year, for a total not to exceed amount of $1,820,000 over the three-year period, subject to budget appropriations; and

2. Authorize the Stadium Manager to exercise the option to extend the agreement with the same basic terms and conditions for two additional one-year periods, subject to budget appropriations.

Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Jovan D. Grogan, Executive Director

ATTACHMENTS

1. Stadium Manager Recommendation for Award Memo

2. Draft Agreement with Colony Landscape and Maintenance, Inc.

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1 Date: October 13, 2023
To: Jōvan Grogan
Executive Director
Santa Clara Stadium Authority

From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
Subject: Recommendation for Award for Sod Removal and Related Services at Levi’s Stadium
Recommendation
Recommend approval and award an agreement to Colony Landscape and Maintenance, Inc. (Colony) for sod removal and related services at Levi’s Stadium for a three-year period, to commence on November 15, 2023 and expire on November 14, 2026, with an option to extend the agreement for two additional one-year periods. The amount of the agreement shall not exceed $600,000 per contract year one and two and $620,000 in contract year three. Total compensation, in the aggregate, shall not exceed $1,820,000 over the three-year period.

RFP Process
Forty Niners Stadium Management Company LLC (Stadium Manager) provides management services for Levi’s Stadium (Stadium) on a continual, year around basis, including overseeing the day-to-day operations and maintenance of the Stadium. As part of the recurring maintenance of the playing field at the Stadium, Stadium Manager requires a third party supplier to remove sod to facilitate installation of new sod at the Stadium. There are three to four full field replacements during each calendar year requiring replacement of the entire playing service totaling approximately 82,000 square feet.

On September 27, 2023, Stadium Manager issued Request for Proposals (RFP) to select qualified firms for sod removal and related services at Levi’s Stadium. Stadium Manager published the RFP on Bonfire Interactive, Stadium Manager’s eProcurement portal https://49ers.bonfirehub.com/portal/. In addition to inviting a list of firms on our established supplier list, we also selected suppliers registered on the portal with specific commodity codes offering sod removal services.

One proposal was received from the following firm on or before the RFP due date and time:

1. Colony Landscape and Maintenance, Inc.

STADIUM

FORTY NINERS STADIUM MANAGEMENT COMPANY
2 Evaluation Process
The proposal was evaluated utilizing the evaluation criteria as outlined in the RFP. Colony met the requirements of the RFP submissions. The scoring is summarized below:

Evaluation Criteria and Maximum Points Colony Landscape Proposal Responsiveness Pass
Experience (40%) 35%
Methodology to Provide the Required Services (40%) 35%
Cost (20%) 20%
Total 90%
Pursuant to the initial evaluation, Stadium Manager requested Colony to provide cost for the three year term which was provided as requested as an update to the cost proposal. Colony will maintain pricing for contract year one and two with a 3% increase in cost for contract year three.

In the event the Stadium Manager exercises the option to extend the agreement to contract year four and five, Colony will maintain pricing for year four and a 3% cost increase in year five.

Colony was determined to be within the competitive range in each of the evaluation criterion.

While Stadium Manager reached out to a number of potential suppliers providing sod removal and related services as required, it is not generally offered by many providers. It was beneficial for Stadium Manager to open the field for competition and test the market with an understanding that prevailing wages apply for this type of trade.

Notice of Intended Award
A notice of intended award (NOIA) was issued on October 13, 2023, announcing Stadium Manager’s recommended firm. The RFP process includes a seven-day protest period, which commenced with the issuance of the NOIA. At the time of this submission the protest period is still in effect. This recommendation has been submitted in advance to meet the timeline for submission for the November 14, 2024 SCSA Board meeting. In the event there is a protest, this recommendation will be rescinded and the protest addressed accordingly.

Submission of Post-Award Submittals
Once Stadium Manager receives approval from the SCSA Board, the agreement will be executed by both parties and a copy forwarded to the Board. Supporting documentation has been provided for review and approval.

Budget
Total not to exceed amount for three years: $1,820,000. The breakdown of costs are as follows for the three-year period:

Year One – 11/15/23 through 11/14/24 - $600,000
Year Two – 11/15/24 through 11/14/25 - $600,000
Year Three – 11/15/25 through 11/14/26 - $620,000
3 The cost for this service is covered in the Groundskeeping Department budget, as a shared expense with a 70/30 split, with the SCSA’s cost at 30%.

Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director

~ DocuSigned by:

L:_~66~~
1 LEVI’S STADIUM GENERAL SERVICES AGREEMENT

BY AND BETWEEN

STADIUM MANAGER
AND
COLONY LANDSCAPE AND MAINTENANCE, INC.

This Agreement for the Performance of Services (“Agreement”) is made and entered into on August 10, 2023 (“Effective Date”) by and between COLONY LANDSCAPE AND MAINTENANCE, INC, a California corporation with its principal place of business at 4911 Spreckles Avenue, Alviso, CA 95002 (“Contractor”), and the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company (“Stadium Manager”), with its principal place of business at 4900 Marie P. DeBartolo Way, Santa Clara, CA 95054. Stadium Manager and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The CITY OF SANTA CLARA, a municipal corporation (“City”) and the SANTA CLARA STADIUM AUTHORITY, a joint exercise of powers entity, created through Government Code sections 6500 et seq. (the “Authority”), are parties to that certain Ground Lease dated March 28, 2012, as amended by that certain First Amendment to Ground Lease (Stadium Site) (as the same may be further amended from time to time, the “Ground Lease”), pursuant to which the Authority leases certain real property from the City upon which the Authority has developed and constructed a multi-purpose stadium (the “Stadium”).

B. The Authority and FORTY NINERS SC STADIUM COMPANY LLC, a Delaware limited liability company (“StadCo”), are parties to that certain Amended and Restated Stadium Lease Agreement dated March 28, 2012 as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Stadium Lease”), pursuant to which StadCo is granted the right during the term of the Stadium Lease to use and occupy the Stadium for the operation of an NFL franchise, subject to, and on the basis of, the terms, covenants and conditions set forth in the Stadium Lease.

C. StadCo and FORTY NINERS FOOTBALL COMPANY LLC, a Delaware limited liability company (“Team”), are parties to a certain Sublease Agreement dated March 28, 2012, as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Team Sublease”), pursuant to which, during the term of the Team Sublease, the Team shall play its NFL home games at the Stadium, subject to, and on the basis of, the terms, covenants and conditions set forth in the Team Sublease.

D. The Authority, StadCo, and Stadium Manager are parties to a certain Stadium Management Agreement effective as of March 28, 2012, as amended by that certain First Amendment to Stadium Management Agreement dated November 13, 2012, that certain Second Amendment to Stadium Management Agreement dated May 9, 2013, that certain Third Amendment to Stadium Management Agreement dated June 19, 2013, and that certain Fourth Amendment to Stadium Management Agreement dated March 18, 2014 (as the same may be further amended from time to time, the “Stadium Management Agreement”), pursuant to which the Stadium Manager will manage the operation of the Stadium year-round on behalf of the Authority and StadCo for the term and on the basis specified in the Stadium Management Agreement.

E. Pursuant to the Stadium Management Agreement, the Stadium Manager is required to maintain and operate the Stadium and areas surrounding the Stadium, and, accordingly, desires to secure the general services generally consisting of sod removal and related services as more fully described in Exhibit A, entitled “Scope of Services” (the “Services”), attached hereto and incorporated herein by this reference.
2 F. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses / certifications / permits, and desire to provide the Services which meet objectives and requirements of Stadium Manager.

G. In accordance with the Stadium Management Agreement, the Stadium Manager is authorized to enter into this Agreement on behalf of the Authority and StadCo to engage Contractor to provide the Services. The Stadium Manager and Contractor desire to enter into this Agreement whereby Contractor will perform the Services subject to the terms and conditions of this Agreement, the Ground Lease, the Stadium Lease and the Stadium Management Agreement.

TERMS

1. DEFINITIONS.

A. Affiliate: shall mean any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person. For purposes of this definition, “control” when used with respect to any entity means the power to direct the management and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and “controlling” and “controlled” have meanings correlative to the foregoing.

B. Additional Indemnitees: shall mean the Authority’s Affiliates (including without limitation, the Authority’s Board of Directors, the City, its City Council, and all City or Agency commissions, officers, employees, volunteers and agents), the Bayshore North Project Enhancement Authority, the Successor Agency to the Santa Clara Redevelopment Agency, StadCo and its Affiliates, the Team and any Additional Team (i.e., an additional NFL franchise that plays its “home” games at the Stadium) (and their respective Affiliates), Manager’s Affiliates (if not any of the previously mentioned Persons), each other tenant of the Stadium and each Event promoter, and any mortgagee, bond trustee or other financial institution from time to time holding a lien or indenture upon Manager’s interest in the Stadium, the Stadium Lease or the Stadium Management Agreement.

C. Default Rate: shall mean a rate per annum equal to the lesser of (i) fifteen percent (15.0%) and (ii) the maximum non-usurious rate permitted by applicable law.

D. Fiscal Year: shall mean the twelve (12) month period commencing April 1 of each year after the execution of this Agreement, except that the first Fiscal Year will commence on the Commencement Date of the Stadium Lease and end on the next following March 31. If this Agreement expires or terminates on a date other than March 31 of a particular year, there shall be a partial last Fiscal Year ending on the date of such termination.

E. Hazardous Substance: shall mean, as of any date: (a) any petroleum or petroleum products, flammable explosives, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls (PCBs); (b) any chemicals or other materials or substances which as of such date are defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants,” “infectious wastes,” “pollutants” or words of similar import under any environmental law; and 3 (c) any other chemical or other material or substance, exposure to which or use of which as of such date is prohibited, limited or regulated under any environmental law.

F. Person: shall mean any individual, corporation, partnership, limited liability company, association, trust or other entity whatsoever.

2. EMPLOYMENT OF CONTRACTOR.

Stadium Manager hereby employs Contractor to perform the Services. Stadium Manager shall pay for all such Services which are consistent with the terms of this Agreement.

3. SERVICES TO BE PROVIDED.

A. The Recitals above and all of the exhibits and schedules referenced in this Agreement are attached and are incorporated herein by this reference.

B. Contractor promises and agrees to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the Services as described in this Agreement including, without limitation, Exhibit A attached hereto.

C. Stadium Manager may, at its discretion, provide, or cause to be provided, during the Term designated office and storage space within the Stadium for use by Contractor. The location of such office and storage space shall be in the sole discretion of Stadium Manager, and Stadium Manager may direct that the office and storage space be moved to a new location within the Stadium from time to time as it deems necessary.

D. Except as expressly provided herein, Contractor shall be responsible for all costs and expenses incurred in performing the Services, including costs and expenses of maintaining, repairing and replacing any furniture, fixtures, equipment, or other tangible property and all applicable taxes, staffing (including all managerial and Event staff, if applicable), and training.

As described in greater detail in Section 8.F hereof, Contractor agrees to fully abide by all sustainability and reuse programs established for or applicable to the Stadium, as each may be modified from time to time following the Effective Date.

E. Without limiting the generality of any other provision in this Agreement, Contractor’s provision of the Services shall be subject to the reasonable prior approval of Stadium Manager acting in conjunction with Contractor, including but not limited to staffing and the manner of Contractor’s performance. Contractor shall not offer exclusivity to any supplier without the prior written approval of Stadium Manager.

F. If at any time, Contractor fails or is otherwise prevented from providing all or any portion of the Services whether due to a suspension or termination of any licenses or permits or otherwise, then, in addition to any other right of Stadium Manager, Stadium Manager shall have the right, in its sole discretion, without the payment of any kind to Contractor, to provide through any available means the Services, or any portion thereof, until such time as Contractor has resumed its provision of the Services. In the event Stadium Manager exercises its rights pursuant to this Section, Contractor shall, and shall cause its employees to cooperate and assist Stadium Manager in providing the Services.

G. Notwithstanding the foregoing, and subject to any restrictions imposed by the Authority, including pursuant to the Stadium Lease and Stadium Management Agreement, the Stadium Manager and its designated agents reserve the right of access to all areas that Contractor is permitted to access, use and occupy hereunder for purposes of operating, inspecting, maintaining and repairing the Stadium (and all improvements therein or thereon) and for the purpose of determining whether the terms, covenants and conditions contained in this Agreement are being fully and faithfully observed and performed by Contractor. Use of any --
4 space or property that Contractor is permitted to access, use and occupy hereunder for purposes other than the operations to be conducted under this Agreement, without prior written approval of Stadium Manager in its sole discretion, is prohibited. Contractor shall not interfere with any other contractor, licensee or employee of the Authority, Stadium Manager or any other person working at the Stadium.

4. COMMENCEMENT OF SERVICES.

Contractor shall begin providing the Services on the Effective Date. Contractor shall provide the Services as described in Exhibit A and shall complete all Services during the Term consistent with any milestones specified in this Agreement. The Parties may adjust any performance milestones, service schedules or commencement dates by mutual written agreement.

5. QUALIFICATIONS OF CONTRACTOR – STANDARD OF WORKMANSHIP.

A. Contractor represents and maintains that it has the necessary expertise in the professional calling to perform the Services, and its duties and obligations, expressed and implied, contained in this Agreement, and Stadium Manager expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties and obligations in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

B. Any plans, designs, specifications, estimates, calculations, reports, and other documents required to be furnished by Contractor under this Agreement shall be of a quality acceptable to Stadium Manager. To be accepted as provided under this Agreement, any such deliverable shall be a product of neat appearance and shall be well-organized, technically and grammatically correct, and checked, and shall identify the maker and checker. The minimum standard of appearance, organization, and content of the deliverable shall be that used by Stadium Manager for similar services.

6. TERM OF AGREEMENT.

The term of this Agreement (the “Term”) shall begin on November 15, 2023 and terminate on November 14, 2026 provided however, if this Agreement extends beyond a single fiscal year, the Term for subsequent fiscal years shall be conditioned upon approval of the Authority budget for the applicable fiscal year that includes the amounts due under this Agreement. All Services contained herein shall be completed prior to the end of the Term of this Agreement. The Stadium Manager shall have the option, in its sole discretion, to extend the Term for two additional one (1) year periods by notifying Contractor in writing of Stadium Manager's desire to exercise said option prior to the expiration of the then-current Term.

7. WARRANTY.

Contractor expressly warrants that all Services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to Stadium Manager when defects are due to the negligence, errors, or omissions of Contractor. If Contractor fails to promptly correct or replace Services, Stadium Manager may make corrections or replace Services and charge Contractor for the cost incurred by Stadium Manager.

8. PERFORMANCE OF SERVICES.

A. Contractor shall perform all Services in an efficient and expeditious manner and shall work closely with and be guided by Stadium Manager. Contractor shall be as fully responsible to Stadium Manager for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons 5 directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all Applicable Laws and safety regulations, the policies and procedures issued by the Stadium Manager relating to the Services, the general operating procedures of the Authority, and any and all other applicable rules, regulations, policies and directives established or implemented by the Authority and/or Stadium Manager, the designees of either of them, or the NFL, from time to time, including scheduling rules, regulations and policies, related to the use or operation of the Stadium (collectively, “Stadium Policies”). The term “Applicable Laws” as used in this Agreement shall mean any statute, law, treaty, rule, code, ordinance, regulation, permit, interpretation, certificate or order, whether now or hereafter existing, of any Governmental Authority, or any judgment, decision, decree, injunction, writ, order or like action of any court, arbitrator or other Governmental Authority, whether now or hereafter existing.

The term “Governmental Authority” as used in this Agreement shall mean any federal, state, local or foreign governmental entity, authority or agency, court, tribunal, regulatory commission or other body, whether legislative, judicial or executive (or a combination or permutation thereof), and any arbitrator to whom a dispute has been presented under Applicable Laws or by agreement of the Parties with an interest in such dispute.

B. Contractor shall at all times maintain a sufficient number of qualified personnel at the Stadium and, if applicable, the Related Facilities (e.g., offsite parking areas) for the performance of all of Contractor’s obligations under this Agreement.

C. Contractor’s authorized personnel who are scheduled to work at events at the Stadium (“Events”) shall be provided with ingress to and egress from the Stadium through a gate or gates designated for such purpose by Stadium Manager, without charge, during all days on which Events are held and at all other times necessary to enable Contractor to prepare for Events and fulfill its responsibilities under this Agreement. Contractor shall be bound by and comply with all rules, policies and procedures relating to security and access rights, including requirements related to screening and identification of Contractor’s personnel, established from time to time by Stadium Manager. Nothing herein contained shall be held to limit or qualify the right of the Authority or Stadium Manager to a free and unobstructed use, occupation and control of the Stadium and ingress and egress for itself, its lessees and the public.

D. Contractor shall obtain on or before the Commencement Date and shall thereafter maintain throughout the Term, at its cost and in its name, all licenses and permits necessary for the performance of the Services and any and all other licenses and permits required to be obtained by Contractor by the terms of the Stadium Lease. Stadium Manager shall cooperate with Contractor in connection with applications submitted by Contractor for any and all licenses and permits and renewals thereof. Contractor shall not submit any application for a permit or license without first providing Stadium Manager a reasonable opportunity to review it.

Contractor shall furnish Stadium Manager with copies of such licenses and permits and renewals thereof as are physically maintained at the Stadium, and all other licenses or permits otherwise required under Applicable Laws or this Agreement, and shall surrender all licenses and permits to Stadium Manager upon termination of this Agreement.

E. In the event that Contractor fails to obtain or maintain in full force and effect any material license or permit necessary for the performance of the Services, including upon a suspension applicable to an Event or revocation thereof, (a) Stadium Manager shall have the right (but no obligation) to perform or have another Person perform the applicable obligation without compensation to Contractor and, whether or not Stadium Manager exercises that right or its termination rights, Contractor shall be responsible to Stadium Manager for the loss of income and all other damages, including consequential and special damages, suffered by Stadium Manager as the result of Contractor’s breach of this Agreement, including any loss of income; and (b) Contractor shall be considered in material breach of this Agreement, and Stadium Manager may, in addition to any other rights or remedies it may have, immediately terminate this Agreement.
6 F. Contractor shall comply in all respects with the Santa Clara Business and Commercial Recycling Program, as the same shall be amended from time to time, and shall, in partnership with Stadium Manager, prepare and implement a plan (the “Waste Reduction and Recycling Plan”) that targets 100% diversion of solid waste from all Events, including composting or other diversion of compostable organics. Contractor shall train its employees in the methods and objectives of the Waste Reduction and Recycling Plan and shall direct and cause its employees to not dispose of or discharge recyclables, compostables, waste, garbage, refuse or Hazardous Substances in any area in or outside the Stadium other than in areas specifically designated therefor. Contractor shall be responsible for expeditiously collecting, separating, recycling, bagging and delivering recyclables, compostables, trash and garbage generated within the Stadium Complex, and Contractor shall cause its employees to deposit such recyclables, compostables, trash and garbage in appropriate containers or equipment in the locations specified by Stadium Manager, whereupon Stadium Manager shall be responsible for the further delivery and ultimate disposal of such recyclables, compostables, trash and garbage. In addition, Contractor shall separate, compact and recycle the trash generated by Events on non-Event days. Contractor shall take all action necessary to: (i) ensure that all such recyclables, compostables, trash and garbage are placed in bags and/or the appropriate receptacles or other containers (which receptacles and containers shall be provided by Contractor) that are durable for transport and not easily susceptible to breakage or leakage, (ii) notify Stadium Manager when the centralized Stadium recyclable, compostable and garbage receptacles are full and need to be emptied, (iii) prevent recyclables, compostables and trash from piling up around the outside of the receptacles and from using the Stadium receptacles in lieu of transferring the recyclables, compostables and trash to the required locations as described herein and (iv) ensure that recyclables, compostables and trash do not spill out prior to or during transport. Contractor agrees to and is fully committed to participating in the separation and recycling of refuse in the Stadium and to minimize the amount of nonrecyclable and non-compostable refuse to be removed from the Stadium. All recyclable, compostable, trash and garbage receptacles within the areas controlled by Contractor shall be provided by Contractor and shall be cleaned and sanitized by Contractor in accordance with the standards reasonably set from time to time by the Authority and/or Stadium Manager, to ensure a consistently high standard of sanitation meeting or exceeding the standards set by the Santa Clara County Public Health Department and/or the City. Contractor will comply with all federal, state and local recycling and composting requirements and such recycling and composting programs implemented from time to time by the Authority and/or Stadium Manager and all rules and regulations applicable to the Stadium’s adherence to, and/or certification by, the Leadership in Energy and Environmental Design (LEED) Green Building Rating System.

Contractor shall indemnify Stadium Manager and make Stadium Manager whole for any out of pocket costs incurred by Stadium Manager which are solely attributable to any negligence or intentional act or omission of Contractor or any of its employees with respect to the recycling or trash removal program, including the expense of returned or rejected recyclable, compostable and trash removals due to mixing or contaminating the trash flow in violation of Applicable Laws or specific directives provided to Contractor in writing as part of the Stadium’s sustainability and recycling, composting or trash removal programs. Stadium Manager will determine the type, appearance and location of the recyclable, compostable and trash receptacles.

G. Contractor agrees not to use Hazardous Substances at the Stadium, except in accordance with Applicable Laws, and agrees to indemnify, defend, and hold the Indemnified Parties harmless for all Losses (as defined in Section 23.A below) arising out of its use, generation or storage of Hazardous Substances at the Stadium.

H. Contractors acknowledges and agrees that Services performed under this Agreement shall not create any right of lien for Contractor at the Stadium, which is a publicly owned building.

Contractor hereby waives and releases any right of lien against Stadium Manager, StadCo, the Authority, the City, and the Stadium for the Services or any other work performed by Contractor at the Stadium during the Term of this Agreement. ---
7 I. If required by Applicable Laws, Contractor shall file a payment bond for one hundred percent of the total amount payable hereunder with and approved by Stadium Manager.

9. MONITORING OF SERVICES.

Stadium Manager may monitor the Services performed under this Agreement to determine whether Contractor’s operations conform to Stadium operating policies and directives and to the terms of this Agreement. Stadium Manager may also monitor the Services to be performed to determine whether the Services are being conducted in accordance with applicable Stadium Policies, National Football League requirements, and Applicable Laws.

10. CORRECTION OF SERVICES.

Contractor agrees to correct any incomplete, inaccurate, or defective Services at no cost to Stadium Manager, when such defects are due to the negligence, errors, or omissions of Contractor. If any action of Contractor constitutes a breach, Stadium Manager may terminate this Agreement pursuant to the provisions described herein.

11. RESPONSIBILITY OF CONTRACTOR.

A. Contractor shall be responsible for the professional quality, technical accuracy, and coordination of the Services furnished by it under this Agreement. Neither Stadium Manager’s review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to Stadium Manager in accordance with Applicable Laws for all damages to Stadium Manager caused by Contractor failure to perform any of the Services furnished under this Agreement.

B. Any acceptance by Stadium Manager of plans, specifications, construction contract documents, reports, diagrams, maps, and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with Applicable Laws.

C. Contractor shall comply and otherwise abide by, all emergency and security procedures and protocols of the Stadium Manager, the Authority, the City, the Team, the NFL and promoters of Events as the Stadium Manager or such other Persons shall adopt from time to time. Such procedures and protocols may include, without limitation, (i) employee pat-down and screening, (ii) presentment by Contractor’s employees of identification cards or badges issued by Stadium Manager, which may include reporting criteria such as bar codes, “Mag Stripes”, “RFID” or other identifier systems; (iii) restricting access to certain parts of the Stadium to specified employees of Contractor as reasonably approved by the Stadium Manager (with respect to security clearance standards); and/or (iv) conduct by Contractor, at its sole expense, of Team-specified minimum background and such other security screening checks on all of Contractor's employees as the Stadium Manager shall request from time to time, which checks may vary as to job function.

D. Personnel.
i. Contractor shall hire, employ, train, supervise and discipline any and all persons necessary to provide the Services in accordance with the terms of this Agreement and shall use its best efforts to ensure that its employees continually practice the high standards of safety, courtesy and service customarily followed in the conduct of a first-class operation. Contractor shall use its best efforts to select qualified, competent and trustworthy employees. Any and all persons who furnish services under this Agreement, whether or not employed by Contractor prior to the Effective Date, are exclusively employees, subcontractors and/or non-affiliated third parties employed by Contractor and are not employees of the Authority, the City, StadCo 8 or Stadium Manager. Such persons furnishing services under this Agreement shall be subject to appearance standards mutually acceptable to the parties hereto and as permitted by Applicable Laws, and shall wear, at all times while working at the Stadium, neat and clean uniforms provided by Contractor and approved by Stadium Manager. Such uniforms shall bear such lettering and insignia (including the name and logo of the Stadium, the Stadium naming rights sponsor, if required, and the location of the employee's assignment (e.g., a Club or Suite area)) as Stadium Manager may require and shall be of a design reasonably satisfactory to Stadium Manager. Contractor shall cause its employees to conduct themselves in a professional and courteous manner, and not to unreasonably disturb or interfere with Events. Contractor shall at all times maintain accurate records of the names, addresses, employment history and other legal identification of those to whom Contractor issues employee badges, uniforms or other identifying items to ensure the proper identification and legal working status of Contractor's employees at the Stadium. Contractor shall conduct such background and other security screening checks on its employees as Stadium Manager shall reasonably request from time to time and shall not knowingly hire any person who has been previously terminated by the Authority, StadCo, Stadium Manager or any of their respective Affiliates or contractors. Upon Stadium Manager's request, and so long as any such action shall not be contrary to law, Contractor shall immediately remove from the Stadium any employee, agent, contractor or invitee of Contractor and permanently revoke such person's access credentials.
ii. Intentionally Left Blank.
iii. Contractor shall conduct regularly scheduled employee training programs appropriate to the Services provided, including any programs specifically requested by Stadium Manager, for all of its employees working in the Stadium (the “Employee Training Programs”). The Employee Training Programs will be mandatory for all employees, agents and any subcontractors of Contractor and, at a minimum, will include customer service, guest interaction, security procedures and specific job skills training, and will be conducted in such frequency as may be approved or directed by Stadium Manager. Contractor shall cause all Employee Training Programs to be periodically reviewed (no less frequently than annually) and updated to the extent necessary to maintain the standard of service requested by Stadium Manager. All employees of Contractor shall also be required to attend such policy and procedures training sessions as may be held by the Stadium Manager, as well as the Stadium orientation tour and training conducted by the Stadium Manager. Contractor shall not permit any employee, agent or subcontractor to work at an Event prior to his or her completion of the prescribed training sessions and Employee Training Programs. iv. Contractor shall promptly notify Stadium Manager upon voluntary or involuntary termination of employment of its employees or contractors and ensure that each such terminated individual is denied further access to the Stadium. In no event shall the Authority, the City, StadCo or Stadium Manager be liable, and Contractor shall indemnify, protect, and hold the Authority, the City, StadCo and Stadium Manager harmless, for Contractor's record keeping (or lack of record keeping), including the legal identification and working status of Contractor's employees and subcontractors, or for any other matters relating to Contractor's employees or subcontractors.

12. COMPENSATION AND PAYMENT.

A. In consideration for Contractor’s performance of the Services in accordance with the requirements of this Agreement, Stadium Manager shall pay Contractor for all materials provided and services rendered by Contractor in the amount(s) set forth in Exhibit B, entitled “Contractor Compensation and Fees.”
B. Contractor will invoice Stadium Manager for fees as set forth in Exhibit B, subject to verification by Stadium Manager. Except as otherwise expressly provided in Exhibit B, 9 Stadium Manager will pay Contractor within thirty (30) days of Stadium Manager’s receipt of a valid invoice.

13. TERMINATION OF AGREEMENT.

A. In addition to any other rights or remedies Stadium Manager may have, Stadium Manager may terminate this Agreement by written notice to Contractor if: (i) Contractor fails to correct to the reasonable satisfaction of Stadium Manager any condition created or controlled by Contractor that, in Stadium Manager’s reasonable judgment, poses a hazardous condition to occupants of the Stadium Complex, any of the Related Facilities (e.g., offsite parking areas), or any portion thereof, within twenty-four (24) hours after receipt of written notice from Stadium Manager; (ii) Contractor fails to perform any material obligation under this Agreement and such failure continues unremedied for a period of ten (10) days after receipt of written notice from Manager of the particular failure to perform (or thirty (30) days in the case that a remedy has commenced but cannot reasonably be accomplished in ten days); (iii) Contractor is placed into bankruptcy either voluntarily or involuntarily (and such involuntary proceeding is not dismissed within sixty (60) days), becomes financially insolvent, takes the benefit of any present or future insolvency statute, makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; (iv) Contractor transfers or permits a transfer of this Agreement in violation of Section 14; (v) Contractor fails to obtain and/or maintain required licenses and permits under Section 8.D; or (vi) Contractor fails to work cooperatively and in good faith with the Authority, Stadium Manager, any of their respective Affiliates or any of subcontractors of any of the foregoing.

Contractor and Stadium Manager acknowledge and agree that termination of this Agreement by Stadium Manager pursuant to this Section shall be “for cause.” B. Upon the termination or expiration of this Agreement, (1) Contractor shall immediately surrender possession of the Related Facilities, if any (including any and all leasehold and other improvements therein), uniforms, equipment (and related manuals and software) to Stadium Manager, (2) Contractor shall immediately assign to Stadium Manager or its designee(s) all right, title and interest of Contractor in and to all items purchased by Contractor in connection with the Services (including uniforms and equipment), (3) Contractor shall make all payments required to be made by Contractor under this Agreement, (4) to the extent permitted by Applicable Laws, Contractor shall immediately surrender possession of and assign to Stadium Manager all permits and licenses acquired by Contractor in compliance with this Agreement and any Applicable Laws, and (5) all matters, rights and liabilities existing on the date of termination between the parties hereto shall be determined as of such termination date (except as described above), and discharged as promptly as possible thereafter, including any known claims for damages either party may have against the other for breach of the terms and conditions hereof. Any such surrender shall require delivery of possession in good condition, reasonable and ordinary wear and tear excepted and otherwise in compliance with the terms of this Agreement. Notwithstanding any termination or expiration of this Agreement, all liabilities and obligations of the parties will survive until they are fully satisfied.

C. If the Stadium is destroyed or otherwise rendered unusable for more than thirty (30) days for any reason (a “Casualty Event”), Stadium Manager shall give Contractor a notice within ninety (90) days after the Casualty Event stating that whether the Authority intends to rebuild or restore the Stadium. If the notice states that the Authority will not rebuild or restore the Stadium, this Agreement shall be terminated. If the notice states that the Authority intends to rebuild or restore the Stadium, the Parties’ obligations hereunder shall be abated during that period. If such notice states that the Authority reasonably believes that it will take longer than two (2) years to restore or rebuild the Stadium or, if a shorter amount of time, such amount of time is longer than the remainder of the Term, either party shall have the option of terminating this Agreement by written notice to the other at any time within one hundred and eighty (180) days after Stadium Manager gives such notice, and such termination shall be effective one hundred twenty (120) days after the other party’s receipt of such notice. Contractor shall not 10 be entitled to any monetary or other damages or compensation from Stadium Manager in the event of a Casualty Event.

D. The Parties acknowledge and agree that in the event that any permit required to be obtained by Stadium Manager for the full performance of the Services is not obtained by within a reasonable amount of time following the Effective Date, Stadium Manager shall have the right in its sole discretion to terminate this Agreement upon written notice to Contractor. Upon such termination, the Parties shall mutually agree upon any remaining payment by or refund to Stadium Manager in good faith. In no event shall Stadium Manager be responsible for any labor or other costs for services not yet performed by Contractor at the time of the notice of termination

14. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.

A. Stadium Manager and Contractor bind themselves and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred by Contractor without the prior written approval of Stadium Manager. Contractor shall not hire subcontractors without express written permission from Stadium Manager.

B. Stadium Manager may sell, assign, pledge and otherwise transfer or encumber (each, a “transfer”) this Agreement and any or all of its rights and obligations hereunder to any other Person, including any source of or guarantor or insurer of financing or any trustee, collateral agent or other Person appointed in connection with such financing (each, a “Manager Assignee”), whether by security agreement, collateral assignment, transfer or otherwise; provided, that such transfer shall not relieve Stadium Manager of its obligations under this Agreement unless such Manager Assignee assumes in writing Stadium Manager’s obligations under this Agreement. Upon reasonable prior notice from Stadium Manager, Contractor shall make any payments due hereunder to such Manager Assignee and shall execute and deliver any documents that Stadium Manager or any Manager Assignee may reasonably request to acknowledge and confirm that upon any such transfer, this Agreement will remain in full force and effect, will continue to be a legal, valid and binding obligation of Contractor enforceable in accordance with its terms (subject to applicable bankruptcy or insolvency laws and general principles of equity), and that (to the extent accurate and correct) neither Contractor, nor to Contractor’s knowledge, Stadium Manager is in material breach or violation of this Agreement.

C. Contractor acknowledges and agrees that, in the event the Stadium Management Agreement is terminated for any reason, the Authority and StadCo shall, in accordance with the Stadium Lease, employ a replacement manager for the Stadium, who shall, following the effective date of such employment, constitute the “Stadium Manager” for all purposes under this Agreement, provided, however, that for any period of time before a replacement manager is appointed, this Agreement may be assigned to the Authority or StadCo as deemed appropriate in the Stadium Manager’s sole discretion.

15. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, except for the Authority, StadCo, and Team, and no other third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

16. INDEPENDENT CONTRACTOR.

Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of Stadium Manager, the Authority or StadCo. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. All liabilities that may arise as a result of Contractor's status as an employer shall be borne exclusively by Contractor, including liability relating to payments required to be made under, and documents to be filed with 11 respect to, the Federal Insurance Contribution Act and the Federal Unemployment Tax Act or any similar federal, state, city or local legislation or other Applicable Laws. Contractor is not authorized to bind Stadium Manager, the Authority or StadCo to any contracts or other obligations.

17. NO PLEDGING OF STADIUM MANAGER’S CREDIT.

Under no circumstances shall Contractor have the authority or power to pledge the credit of the Stadium Manager or any other of the Indemnified Parties or incur any obligation in the name of such Persons. Contractor shall save and hold harmless the Authority, StadCo, Stadium Manager, their respective Affiliates, and their respective officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of credit by Contractor under this Agreement.

18. CONFIDENTIALITY OF MATERIAL.

All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions, or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of Stadium Manager, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor shall be deemed confidential.

Notwithstanding the above, the Contractor acknowledges that the Authority is a California public entity that is subject to the California Public Records Act. Information disclosed to Stadium Manager on behalf of the Authority regarding the Contractor's Services in connection with the performance of this Agreement may be subject to public disclosure in accordance with the Public Records Act, including this Agreement and its terms.

19. NO USE OF STADIUM MANAGER NAME OR EMBLEM.

Contractor shall have no right to use the trademarks, symbols, trade names or other intellectual property of the Authority, Stadium Manager, Levi’s Stadium®, the San Francisco 49ers, or their respective Affiliates, or Stadium tenants or their Affiliates or other Event performers directly or indirectly, in connection with any production, promotion, service or publication, without the written approval of Stadium Manager.

20. OWNERSHIP OF MATERIAL.

All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, and other material developed, collected, prepared, or caused to be prepared under this Agreement shall be the property of Stadium Manager, but Contractor may retain and use copies thereof. Stadium Manager shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than the Services, including, but not limited to, the release of this material to third parties.

21. RIGHT OF STADIUM MANAGER TO INSPECT RECORDS OF CONTRACTOR.

Stadium Manager, through its authorized employees, representatives, or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for Services, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to Stadium Manager. Any expenses not so recorded shall be disallowed by Stadium Manager.
12 Contractor shall submit to Stadium Manager any and all reports concerning its performance under this Agreement that may be requested by Stadium Manager in writing. Contractor agrees to assist Stadium Manager in meeting Stadium Manager’s reporting requirements with respect to Contractor’s Services hereunder.

22. FAIR EMPLOYMENT.

Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of Applicable Law.

23. HOLD HARMLESS/INDEMNIFICATION.

A. Contractor shall indemnify, defend and hold harmless the Authority, Stadium Manager and the Additional Indemnitees, and their respective officers, directors, managers, members, partners, owners and employees (collectively, “Indemnified Parties”) from and against all losses, costs, suits, actions, claims, damages, amounts paid in settlement, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Losses”), resulting to, imposed upon, asserted against or incurred by any of them (including in any action between the parties) in connection with or arising out of (i) any breach by Contractor under this Agreement, (ii) any activity, inactivity, work or thing done or permitted by Contractor or its employees, agents or contractors in or upon the Stadium or Related Areas, including the performance of the Services, or (iii) any injury or damage to any Person or to the property of any Person caused by any action or omission of Contractor or its employees, agents or contractors.

B. If any claim, demand, action or proceeding is made or commenced by any third party (a “Third Party Claims”) against any Indemnified Party, the Indemnified Party shall give Contractor prompt notice thereof; the failure to give such notice shall not affect the liability of Contractor under this Agreement except to the extent the failure materially and adversely affects the ability of Contractor to defend the Third Party Claim. Contractor shall have the right to assume the defense and resolution of the Third Party Claim, provided that (i) the Indemnified Party shall have the right to participate in the defense of the Third Party Claim at its own expense through counsel of its choice (control of the defense will remain with Contractor), (ii) Contractor shall not consent to the entry of any judgment or enter into any settlement that would require any act or forbearance on the part of the Indemnified Party or which does not unconditionally release the Indemnified Party from all liability in respect of the Third Party Claim or would otherwise bring dishonor or disrepute upon Authority, Stadium Manager, any of their respective Affiliates, without the prior written consent of the Indemnified Party, and (iii) the Indemnified Party may undertake the defense of the Third Party Claim, at Contractor’s expense, if Contractor fails to (A) assume the defense within ten (10) business days after notice from the Indemnified Party or (B) diligently prosecute the defense.

24. INSURANCE REQUIREMENTS.

During the term of this Agreement, and for any longer time period set forth in Exhibit C entitled “Insurance Requirements” and attached hereto and incorporated herein by this reference, Contractor shall purchase and maintain in full force and effect, at no cost to Stadium Manager insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as required in Exhibit C.

25. AMENDMENTS.

This Agreement may be amended only with the written consent of both Parties. 13 26. INTEGRATED DOCUMENT.

This Agreement represents the entire agreement between Stadium Manager and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of Stadium Manager prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon Stadium Manager.

27. SEVERABILITY CLAUSE.

In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

28. WAIVER
Contractor agrees that waiver by Stadium Manager of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

29. NOTICES.

All notices to the Parties shall, unless otherwise requested in writing, be sent to Stadium Manager addressed as follows:

Attention: Francine Hughes, EVP and General Manager
Address: Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
Email: [email protected]
With a copy to: Legal Affairs
Forty Niners Stadium Management Company LLC
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
And to Contractor as follows:

Attention: Ed Ott
Address: Colony Landscape & Maintenance, Inc.
4911 Spreckles Avenue
Alviso, CA 95002
Email: [email protected]
If notice is sent via email, a signed, hard copy of the material shall also be mailed. The workday the email was sent shall control the date notice was deemed given if there is a computer-generated confirmation of receipt returned to the sender on the date of transmission. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.

30. CAPTIONS.

The captions of the various sections, paragraphs, and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation. 14 31. LAW GOVERNING CONTRACT AND VENUE.

This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

32. DISPUTE RESOLUTION.

A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and Stadium Manager regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.

B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours) provided the Parties may mutually agree to extend the time allowed for mediation under this Agreement.

C. The costs of mediation shall be borne by the Parties equally.

D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney’s fees, expert witness costs, and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert’s fees, and attorney’s fees. If mediation does not resolve the dispute, the Parties agree that the matter shall be litigated in a court of law, and not subject to the arbitration provisions of the Public Contract Code.

33. COMPLIANCE WITH ETHICAL STANDARDS.

By executing this Agreement, Contractor promises and agrees that it and all of its members, officers, employees, agents, subcontractors and authorized representatives will comply with the “Ethical Standards for Contractors Seeking to Enter into an Agreement with Stadium Manager” attached hereto as Exhibit D and incorporated herein by this reference.

34. CONFLICT OF INTERESTS.

This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no Stadium Manager, StadCo, Team, Authority, or City officer, employee, or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise Stadium Manager if a conflict arises.

35. LABOR COMPLIANCE REQUIREMENTS.

A. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the 15 commencement of this Agreement upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

B. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor.

The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

C. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one half (1 1/2) times the basic rate for that worker.

D. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Stadium Manager, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on public works with the intent to defraud shall be ineligible to bid on public works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

E. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the “Public Works Contractor Registration Certification” attached hereto as Exhibit E and incorporated herein by this reference prior to Agreement execution.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project 16 that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

F. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Agreement and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager. Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

G. It shall be Contractor’s sole responsibility to comply with, and maintain adequate records of its adherence to, all applicable state prevailing wage requirement. Contractor is responsible for maintaining and providing the following documentation to Stadium Manager for review and approval within the timeframes specified below.
i. Division of Apprenticeship Standards (DAS) 140 Form (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 140 forms filed with the appropriate apprenticeship committee(s) the earlier of Contractor’s first application for payment for Services performed under this Agreement or ten (10) days of Agreement execution. ii. DAS 142 Form (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 142 forms filed with the appropriate apprenticeship committee(s) or evidence of an approved exemption with its first application for payment for Services involving an apprenticeable craft or trade classification – additional DAS 142 forms or evidence of approved exemptions must be provided following this initial submission with future applications for payment in the event those applications are for Services involving an apprenticeable craft or trade classification not covered under the first application for payment.
iii. California Apprenticeship Council (CAC) Form CAC-2; Training Fee Contributions (applicable if the compensation paid or to be paid to Contractor is $30,000 or more).

Contractor, on behalf of itself and its subcontractors, must submit evidence of mandatory training contributions required under Labor Code Section 1777.5, as it may be amended from time to time, via submission of completed Form CAC-2 and/or confirmation of payment to a valid union trust fund with each application for payment submitted to Stadium Manager. iv. Certified Payroll Records; Statement of Compliance. Contractor, on behalf of itself and its subcontractors, must submit complete payroll records on forms substantially similar to the Department of Industrial Relations Form A-1-131 with each application for payment submitted to Stadium Manager. Each set of certified payroll records submitted to Stadium Manager with any application for payment must be accompanied by a signed Statement of Compliance certifying the information on the certified payroll records is true and correct. For the period covered by any application for payment in which Contractor and its subcontractors did not perform Services, Contractor must additionally submit a signed Statement of NonPerformance certifying no work was performed. Contractors are advised the submission of electronic certified payroll records to the Department of Industrial Relations via the eCPR system is not an acceptable substitute to maintaining and providing full certified payroll records as required by this provision and applicable law. v. Fringe Benefit Statement. Contractor, on behalf of itself and its subcontractors, must submit complete Fringe Benefit Statement(s) for the crafts and trade classifications utilized to 17 perform the Services covered by any application for payment. All Fringe Benefit Statements must be submitted with the application for payment to which each applies. vi. Demand for Compliance Records. At any time during or subsequent to the full performance of the Services under this Agreement and in addition to the obligations set forth above, Stadium Manager and/or the Authority may require Contractor to produce and or correct and re-submit any prevailing wage compliance records, which must be reviewed and approved by Stadium Manager and/or the Authority, prior to full release of payment. vii. Withholding for Non-Compliance. In the event Contractor or any subcontractor is found not to be in compliance with the foregoing requirements for any application for payment whether for progress payments or final payment, Stadium Manager has the right to withhold up to ten percent (10%) of the amount owed to Contractor under the affected application for payment until full compliance is achieved. Contractor acknowledges and agrees the foregoing amount is a reasonable estimate of the value of the documentation specified above. [Signatures continued on next page]
18 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly appointed representatives as of the Effective Date.

STADIUM MANAGER:

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
By:_________________________________
Name: Peter Wilhelm
Title: Chief Financial Officer
CONTRACTOR:

COLONY LANDSCAPE AND MAINTENANCE, INC.

By:_________________________________
Name: Ed Ott
Title: President
19 EXHIBIT A

SCOPE OF SERVICES
Contractor shall provide the following services at the Stadium during the Term, as directed by Stadium Manager:

A. General Information
Field removal services are usually required for each field replacement. Typically, there are three full field replacements during each calendar year, occurring in the spring, in the late summer, and in December.

Full field replacements cover the entire grass playing surface totaling approximately 82,000 square feet.

In addition, there will be a number of partial field replacements, which may range from 12,000 square feet to 36,000 square feet. Partial field installs for various events, such as logo replacements, typically occur during December and early January.

These dates are only estimates -- the actual schedule for field replacement is dependent on factors that cannot be predicted in advance, such as weather, the number of events at the stadium, and wear and tear on the field.

Typically, the work will be scheduled by Stadium Manager at least 30 days in advance; however, there will be certain instances when the service is required on 24 hours’ notice.

In order to provide the offerors with guidance on the approximate schedule for a typical field replacement, the following is the timeline for a recent field replacement at Levi’s stadium.  Day 1: remove irrigation heads. Remove surface using field-stripping equipment. Begin off-haul of spoils. 10 laborers needed.
 Day 2: Laser-grade field. Install irrigation heads. Complete off-haul of spoils. 10 laborers needed.

B. Requirements for the Field Removal

1. Remove irrigation heads prior to field removal, reinstall to grade after laser grading.

2. Remove grass surface to a depth of approximately 1.5 to 2 inches. 2’’ depth must be made in single pass. Spoils will be fed into dump trailers to be provided by Contractor and transported to the South parking lot of Levis Stadium (Gold Lot 5).

3. Must be able to laser grade sand-base to +/- 1/8” tolerance across 10 feet.

4. Must provide off-haul of spoils. Off-haul trucks will arrive at the South Side of Levis Stadium. Must be able to remove spoils within 24 hours, if necessary.

5. Must clean debris left from spoils pile in parking lot, once all the large spoils have been offhauled.

6. Must be available on weekends and holidays.

7. Pricing to include all costs of removal and off-haul including doub-handling C. Equipment

1. Combinator, 42” wide large area sod harvester.

2. If the surface being removed is not rooted, Contractor must be able to roll up sod rolls and remove from field with a straight mast forklift with a lift capacity minimum of 2500 lbs. Forklift must have turf tires.

3. Dual mast box level.

4. Minimum three dump trailers with turf tires towed by three tractors with turf tires. Contractor is responsible for providing the tractors and trailers.

5. Large area roto-tiller.
20 D. Location
Contractor will arrive at the following location:

Forty Niners Stadium Management Company LLC
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054
E. Notification
Customer will notify contractor with as much notice as possible for work to be done. Typically work is scheduled at least 30 days out, but it is not unusual to have 24 hours’ notice for specific partial field removal. Based on past events, it is anticipated that there will be priority orders and a quick turnaround time required for partial field removals, which will occur each year during the term of this contract.

F. Experience Requirements

1. Must be a Certified Sports Field Builder accredited by the ASBA, American Sports Builders Association. Must have provided similar work on a professional, natural grass playing surface within the last two years.

2. Must have a minimum of 10 laborers available for each day of each scheduled field removal assignment.
21 EXHIBIT B

CONTRACTOR COMPENSATION AND FEES
The Parties mutually agree that as consideration for the Services contained in this Agreement, Stadium Manager shall compensate Contractor upon the completion (and verification of the completion by Stadium Manager) of the Services contained in Exhibit A in accordance with the compensation terms specified below.

The maximum compensation to be paid Contractor under this Agreement shall not exceed $1,820,000.

The pricing for each of the following shall be for 12,000 to 82,000 square feet at the following unit price:

Item # Item Description
Unit Price/Cost
For Years One & Two
11/15/2023 – 11/14/2025
1 Sod Stripping – Depth of stripping to be approximately 2”. off-haul of stripping to be handled by Contractor within 2-3 workdays for off-haul
$1.41 SF
2 Sod Rolling - Depth of stripping to be approximately 2”. Offhaul of stripping to be handled by Contractor$1.38 SF 3 Rotilling - Using reverse line rototiller and recompact with 1 ton roller
$0.06 SF
4 Regrade – Laser grade with a dual mast box level and
compact. Includes hand grading edges
$.14 SF
5 Remove and reset irrigation heads $0.06 SF
6 Cost for double handling strippings if they need to be double handled due to time constraints for the extra trucking to a temporary dumpsite. Applicable for items 1 and 2
$250 per load and it is
anticipated to be 70
truckloads for entire field
7 Sand addition and incorporation
Cost to provide, and spread/incorporate USGA rootzone
sand after removal of sod and before grading. Sand will be evenly spread across entire rootzone layer and then blended into existing rootzone, graded, and compacted. Cost is per transfer load which is approximately 25 tons of sand.
$2,500 each

7. Overtime/Weekend/Holidays Premium – Prevailing Wage If over 50% of project is performed during
overtime/Saturday hour, ten
percent (10%) will be added
to each line item.

If over 50% of project is
performed during
Sunday/holiday hour, twenty
22 percent (20%) will be added
to each line item.

8. Payment Bond Additional cost if payment
bond is required. Three (3%)
of scope of work requested.

Item # Item Description
Unit Price/Cost
For Year 3
11/15/2025 – 11/14/2026
1 Sod Stripping – Depth of stripping to be approximately 2”. off-haul of stripping to be handled by Contractor within 2-3 workdays for off-haul
$1.45 SF
2 Sod Rolling - Depth of stripping to be approximately 2”. Offhaul of stripping to be handled by Contractor$1.42 SF 3 Rotilling - Using reverse line rototiller and recompact with 1 ton roller
$0.06 SF
4 Regrade – Laser grade with a dual mast box level and
compact. Includes hand grading edges
$.14 SF
5 Remove and reset irrigation heads $0.06 SF
6 Cost for double handling strippings if they need to be double handled due to time constraints for the extra trucking to a temporary dumpsite. Applicable for items 1 and 2
$257.50 per load and it is
anticipated to be 70
truckloads for entire field
7 Sand addition and incorporation
Cost to provide, and spread/incorporate USGA rootzone
sand after removal of sod and before grading. Sand will be evenly spread across entire rootzone layer and then blended into existing rootzone, graded, and compacted. Cost is per transfer load which is approximately 25 tons of sand.
$2,575 each

7. Overtime/Weekend/Holidays Premium – Prevailing Wage If over 50% of project is performed during
overtime/Saturday hour, ten
percent (10%) will be added
to each line item.

If over 50% of project is
performed during
Sunday/holiday hour, twenty
percent (20%) will be added
to each line item.

8. Payment Bond Additional cost if payment
bond is required. Three (3%)
of scope of work requested.
23 EXHIBIT C

INSURANCE REQUIREMENTS
At all times during the term hereof, Contractor shall keep and maintain in full force and effect the following types of insurance coverage and/or bonds:

1. Commercial general liability insurance, including property damage, against liability for personal injury, bodily injury, death and damage to property occurring in or about the property in the amount of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) in the aggregate.

2. Automobile liability in the amount of One Million Dollars ($1,000,000) with respect to owned, hired and non-owned vehicles.

3. Workers compensation insurance, as required by applicable law. Contractor is directed to review and execute the “Contractor’s Certification Regarding Worker’s Compensation” attached hereto as Exhibit F and incorporated herein by this reference prior to Agreement execution.

4. Employer’s liability in the amount of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, by disease, and One Million Dollars ($1,000,000) policy aggregate by disease.

5. Liability insurance covering claims arising out of errors and omissions by vendors rendering professional services, in the amount of One Million Dollars ($1,000,000) each occurrence including contractual liability coverage, with all coverage retroactive to the earlier of the date of agreement or commencement of Contractor’s services.

6. Umbrella or excess liability insurance in the amount of Two Million Dollars ($2,000,000) providing excess coverage over general liability, auto liability, and employer’s liability specified above.

The above stated limits may be achieved by a combination of primary and excess/umbrella coverage. Any deductible or self-insured retention amounts are the sole responsibility of the Contractor. Contractor is responsible for insuring any equipment brought to Stadium. Stadium Manager shall have no liability for such equipment.

All insurance policies and bonds required to be maintained by Contractor shall be issued by insurers or sureties (as the case may be) reasonably satisfactory to client, authorized to do business in the state of California and having an AM Best rating and financial size category of A-/VII or better. All policies of the vendor shall be (i) primary and non-contributing with respect to any policies carried by client; (ii) with respect to liability insurance only, a provision including Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC as Additional Insured; (iii) a waiver by the insurer of any right to subrogate against Stadium Manager (iv) a severability of interest or endorsement; (v) a provision that the insurer will not cancel or change the coverage provided by such without giving the Stadium Manager thirty (30) days' prior written notice; and (vi) general liability be an "occurrence form" policy. Any policy of insurance required to be carried by Contractor that names Stadium Manager as Additional Insured shall not be subject to a deductible or self-insured retention, it being the intent of the parties that such insurance shall fully and completely insure such additional insured entities for all loss or expense; if any such policy has a deductible or self-insured retention clause applicable to these operations, Contractor shall provide evidence that insurance carrier shall pay without regard to such deductible or self-insured retention.

24 EXHIBIT D

ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN AGREEMENT WITH

STADIUM MANAGER
Termination of Agreement for Certain Acts.

A. Stadium Manager may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:

1. If a Contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Applicable Law; b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract;
d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a Stadium Manager contractor or subcontractor; and/or,
e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.

2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with Contractor can be imputed to Contractor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of Contractor, with Contractor’s knowledge, approval or acquiescence, Contractor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence. 1 For purposes of this Agreement, the word “Consultant” (whether a person or a legal entity) also refers to “Contractor” and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation. 2 For purposes of this Agreement, the words “convicted” or “conviction” mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years. 3 As used herein, “dishonesty” includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
25 B. Stadium Manager may also terminate this Agreement in the event any one or more of the following occurs:

1. Stadium Manager determines that Contractor no longer has the financial capability4 or business experience5 to perform the terms of, or operate under, this Agreement; or

2. If Stadium Manager determines that Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with Stadium Manager, including, but not limited to, Contractor’s failure to maintain a required State-issued license, failure to obtain a Stadium Manager business license (if applicable), or failure to purchase and maintain bonds and/or insurance policies required under this Agreement.

C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the action to the Authority by filing a written request with the Authority Secretary within ten (10) days of the notice given by Stadium Manager to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the Authority Secretary.

Contractor will have the burden of proof on the appeal. Contractor shall have the opportunity to present evidence, both oral and documentary, and argument. 4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
5 Loss of personnel deemed essential by Stadium Manager for the successful performance of the obligations of Contractor to Stadium Manager.
26 EXHIBIT E

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.

See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.6 Name of Contractor: Colony Landscape and Maintenance, Inc DIR Registration Number: 1000006598
DIR Registration Expiration: May 2025
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening (or contract execution where no bid occurred) and maintain registration status for the duration of the Agreement. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is nonresponsive.

Name of Contractor Colony Landscape and Maintenance, Inc Signature
Name and Title: Ed Ott, President
Date:
6 If the Agreement is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 27 EXHIBIT F
CONTRACTOR’S CERTIFICATION REGARDING WORKER’S COMPENSATION I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Services on this Agreement.

Name of Contractor: Colony Landscape and Maintenance, Inc By: _________________________
Signature
___Ed Ott______________________
Name (Print)
____President_____________________
Title (Print)
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1338 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Recognition of Student Mia Evans for Establishing a Little Library at Mission Park in Santa Clara

BACKGROUND
Mia Evans, an 11th grader at Archbishop Mitty High School, lobbied to open a Little Library at Mission Park, located at 4681 Cheeney Street in Santa Clara. Mia Evans donated the Little Library structure and stocked it with books to read. It opened on October 4, 2023 and is available to the public.

The concept for a Little Library is to provide a free resource for the community to promote neighborhood book exchanges and to expand book access for all readers. Any community member may borrow from the Little Library or place books in it to share.

DISCUSSION
At the December 5, 2023 City Council Meeting, the Council will recognize Mia Evans’s contributions and community engagement.

ENVIRONMENTAL REVIEW
This is an informative report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

PUBLIC CONTACT
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 [email protected] or at the public information desk at any City of Santa Clara public library.

Reviewed by: Fiona Kirby, Management Analyst, Mayor and Council Office Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Draft - Certificate of Recognition for Mia Evans
City of Santa Clara Page 1 of 1 Printed on 12/1/2023
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Draft Certificate
City of SantaClara

Certificate of Special
Mayoral Recognition On behalf of the Santa Clara City Council, this certificate is presented to Mia Evans
in recognitionof her community spirit and efforts opening a Little Library in Mission Park on this 5th day ofDecember2023.

LISA M. GILLMOR
MAYOR

CITY OF SANTA CLARA

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1393 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Action on the Minutes of September 26, 2023 Joint Council and Santa Clara Stadium Authority Special Meeting; October 10, 2023 Council and Authorities Concurrent; October 24, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting; November 7, 2023 Council and Authorities Concurrent Meeting; and November 14, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting

RECOMMENDATION
Promote Community Engagement and Transparency

RECOMMENDATION
Approve Minutes of September 26, 2023 Joint Council and Santa Clara Stadium Authority Special Meeting; October 10, 2023 Council and Authorities Concurrent; October 24, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting; November 7, 2023 Council and Authorities Concurrent Meeting; and November 14, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting
City of Santa Clara Page 1 of 1 Printed on 12/1/2023
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City of Santa Clara
Minutes
Joint City Council & Stadium Authority
Special Meeting
Draft
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
09/26/2023
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:

NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

City of Santa Clara Page 1 Printed on 11/06/2023
09/26/2023
Joint Council & Stadium Authority
Special Meeting Meeting Minutes
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor/Chair calls for a Special Meeting of the City Council of the City of Santa Clara, the Governing Board of the Stadium Authority, to commence and convene on September 26, 2023, at 5:00 pm for a Special Meeting in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.

Closed Session - 5:00 PM | Special City Council/Santa Clara Stadium Authority Board Meeting - 6:30 PM 5:00 PM CLOSED SESSION
Call to Order in Council Chambers
Mayor/Chair Gillmor called the meeting to order at 5:01 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 /MayorChair Lisa M. Gillmor

Present: 7 -

1.A 23-1175 Threat to Public Services or Facilities (CC, SA) Pursuant to Gov. Code § 54957(a)
Consultation with: Santa Clara Police Department Assistant Chief Derek Rush and Captain Richard Fitting; City Manager/SCSA Executive Director Jōvan D. Grogan, Assistant City Manager Ruth Shikada, Assistant to City Manager Christine Jung; City Attorney/SCSA Counsel Glen R. Googins, Chief Assistant City Attorney Sujata Reuter

1.B 23-1176 Conference with Legal Counsel-Anticipated Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances: Pursuant to Gov. Code § 54956.9(e)(1) - Not disclosed on agenda
Public Comment
There were none.

Convene to Closed Session (Council Conference Room)
Mayor/Chair Gillmor adjourned into the Closed Session at 5:03 p.m. 6:30 PM SPECIAL CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in Council Chambers
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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.

Deputy City Clerk/Secretary Estabillo recited the AB23 announcement and Statement of Behavioral Standards.

Deputy City Clerk/Secretary Estabillo 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
Legal Counsel Googins stated there were no reportable action taken. CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
Council/Boardmember Jain requested that Public Presentations be provided to the Public.

Bin Liu, Lina Denny, and Jesse Tsao spoke on the proposed 5G cellular phone tower installation in their neighborhood.

Caller 2669 provided brief remarks on the Council's ethics.

PUBLIC HEARING/GENERAL BUSINESS
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2.A 23-869 Accept the Report on the Santa Clara Stadium Authority’s Non-NFL Events’ Documents by JS Held, LLC
Recommendation: Accept the Report on the Santa Clara Stadium Authority’s Non-NFL Events for fiscal years 2018, 2019, and 2020 by JS Held, LLC and authorize an additional engagement to analyze Non-NFL Events for the Fiscal Years ending 2021, 2022, and 2023.

Exective Director Grogan introduced this item.

Stadium Authority Auditor Manager Noce and Consultant Tim Gillihan of JS Held, LLC gave a PowerPoint presentation on the Stadium Authority's Non-NFL Events for fiscal years 2018, 2019, and 2020 findings.

Board questions followed.

Stadium Authority Audit Manager Noce, Consultant Gillihan, and Stadium Authority Treasurer Lee responded to Board questions.

Public Comment:

John Haggerty
Edward Strine
Executive Director Grogan gave closing remarks.

Board comments followed.

A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to accept the report on the Santa Clara Stadium Authority’s Non-NFL Events for fiscal years 2018, 2019, and 2020 by JS Held, LLC and to not authorize additional engagement to analyze Non-NFL Events for the Fiscal Years ending 2021, 2022, and 2023 until the auditor's office designs a new scope of work and requires cooperation from ManCo.

Boardmember Chahal offered a friendly amendment to authorize additional engagement with ground rules in place. Boardmember Becker declined the friendly amendment.

A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to accept the report on the Santa Clara Stadium Authority’s Non-NFL Events for fiscal years 2018, 2019, and 2020 by JS Held, LLC and to not authorize additional engagement to analyze Non-NFL Events for the Fiscal Years ending 2021, 2022, and 2023 until the Auditor's Office designs a new scope of work, costs, and work with ManCo to obtain necessary documents to complete the report.

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Aye: 4 - Boardmember Chahal, Boardmember Hardy, Boardmember Jain, and Boardember Becker
Nay: 3 - Boardmember Watanabe, Vice Chair Park, and Chair Gillmor

2.B 23-870 Accept the report on the Analysis of Past Stadium Construction Fund and Public Safety Transactions Conducted by JS Held, LLC
Recommendation: Note and file the report from J.S. Held LLC based on their review of construction fund and public safety transactions for the period November 10, 2013 through October 11, 2015.

Executive Director Grogan introduced the item.

Audit Manager Noce and Consultant Gillihan of JS Held, LLC provided a Powerpoint presentation on the analysis of past stadium Construction Fund and Public Safety transactions conducted.

Board questions and comments followed.

Stadium Authority Audit Manager Noce and Consultant Gillihan of JS Held, LLC responded to Board questions.

A motion was made by Boardmember Jain, seconded by
Boardmember Becker, to note and file the report from J.S. Held LLC based on their review of construction fund and public safety transactions for the period November 10, 2013 through October 11, 2015.

Aye: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor 7 -

2.C 23-868 Accept the Report on the Review of the 2019 College Football Playoff Game Revenues and Expenses Performed by the PUN Group
Recommendation: Accept the report from The PUN Group based on their review of the revenues and expenses related to the 2019 College Football National Championship Game.

Consultants Ken Pun from The PUN Group and Vanessa Burke from Burke Consulting provided a PowerPoint presentation on the 2019 College Football Playoff Game revenues and expenses.

Board questions followed.

Consultant Pun responded to Board questions.

A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to accept the report from The PUN Group based on their review of the revenues and expenses related to the 2019 College Football National Championship Game.

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Aye: Boardmember Chahal, Boardmember Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor 6 -
Nay: 1 - Boardmember Watanabe

2.D 23-853 Informational Report on Super Bowl LX Updates Recommendation: Note and file the informational report on Super Bowl LX updates.

Executive Director Grogan gave a Powerpoint presentation on Super Bowl LX updates.

Board questions followed.

Executive Director Grogan responded to Board questions.

Public Comment:

John K. Haggerty
Brian Darby
Edward Strine
Wanda Buck
A motion was made by Boardmember Hardy, seconded by
Boardmember Becker, to note and file the informational report on Super Bowl LX updates.

Aye: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor 7 -

2.E 23-1110 Informational Report on FIFA World Cup 2026 Updates Recommendation: Note and file the informational report on FIFA World Cup 2026 updates.

Executive Director Grogan and Authority Legal Counsel Googins provided a Powerpoint presentation on FIFA World Cup 2026.

Board questions followed.

Executive Director Grogan and Authority Legal Counsel Googins responded to Board questions.

Public Speaker:

John Haggerty
Edward Strine
A motion was made by Boardmember Becker, seconded by
Comember Hardy, to note and file the informational report on FIFA World Cup 2026 updates.

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Aye: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor 7 -

2.F 23-1111 Informational Report on July 2, 2023 Concacaf Gold Cup at Levi’s Stadium and Event-Related Impacts
Recommendation: Note and file the informational report on the July 2, 2023 Concacaf Gold Cup at Levi’s Stadium.

A motion was made by Boardmember Becker, seconded by
Boardmember Watanabe, to continue this item to a to be determined date.

Aye: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor 7 -

REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Vice Mayor/Chair Park reported that he attended an art exhibit at Santa Clara University. He also reported that he attended various events including the 42nd Confucius memorial ceremony, several Hispanic History Month events, and the League of California Cities Expo.

EXECUTIVE DIRECTOR REPORT
Executive Director Grogan stated there was no report.

ADJOURNMENT
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to adjourn the meeting at 11:59 p.m.

Aye: Boardmember Watanabe, Boardmember Chahal, Boardmember Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor 7 -
The next regular scheduled meeting is on Tuesday, October 10, 2023 in the City Hall Council Chambers.

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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.

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 [email protected] <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.

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MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent Meeting
Draft
4:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
10/10/2023
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:

NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

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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
Mayor Gillmor called the meeting to order at 4:02 p.m.

Roll Call
Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Vice Mayor Kevin Park,
Councilmember Suds Jain, Councilmember Anthony Becker, and Mayor Lisa M. Gillmor

Present: 7 -

1.A 23-1217 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

1.B 23-1218 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)
Public Comment
There were none.

Convene to Closed Session (Council Conference Room)
Mayor Gillmor convened the meeting into Closed Session at 4:04 p.m. 5:30 PM STUDY SESSION
Call to Order in Council Chambers
Mayor Gillmor called the Study Session to order at 5:28 p.m.

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Confirmation of Quorum of Council Attendance
Assistant City Clerk Pimentel confirmed a quorum of the Council was present.

Roll Call of Youth Commission

2. 23-859
Chair Keith Maben, Vice Chair Kira Liang, Commissioner Fatimah Ismail, Commissioner Maryam Ismail, Commissioner Khadeejah Khan, Commissioner Simren Garg, Commissioner Malia Martin, Commissioner Samarth Suresh, Commissioer Hiranya Parrkh, Commissioner Namita Gaidhani and Alternate Commissioner Julia Arias from the Youth Commission were present.

Joint City Council and Youth Commission Dinner Meeting
The Council and Youth Commission had their joint dinner meeting and the Youth Commission shared their accomplishments and held discussion on their 2023-2024 work plan ideas.
7:00 PM COUNCIL REGULAR MEETING
Call to Order in Council Chambers
Mayor Gillmor called the meeting to order at 7:04 p.m.

Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.

Councilmember Jain recited the Statement of Values.

Assistant City Clerk Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk Pimentel also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.

Mayor Gillmor had a moment of silence for Senator Dianne Feinstein and for the conflict in the Middle East.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
City Attorney Googins reported there was no reportable action from the October 4, 2023 Closed Session. He also reported that there was no reportable action for the two Closed Session items on tonight's agenda.

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CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
City Attorney Googins requested to continue Item 6 to the October 24, 2023 meeting.

Mayor Gillmor stated she is recusing on the vote to continue this item due to a potential conflict of interest as she has income property located within 500 feet of the subject streets.

Vice Mayor Park presided over the meeting.

A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to continue Item 6 to the October 24, 2023 meeting.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
6 -
Recused: 1 - Mayor Gillmor

SPECIAL ORDER OF BUSINESS

3.A 23-946

3.B 23-947
Proclaim October 2023 as Hindu American Awareness and Appreciation Month
Mayor Gillmor proclaimed October 2023 as Hindu American Awareness and Appreciation Month.

Satish Chandra from the Hindu American Foundation, Dr. Romesh Japra from Festival of Globe, and Kaushal Varshney from Sewa International accepted the proclamation.

Proclaim October 2023 as Domestic Violence Awareness Month Mayor Gillmor proclaimed October 2023 as Domestic Violence Awareness Month.

Tejeswi Dodda, Self-Sufficiency Coordinator at Maitri, and Cris Paden, Board Member of Next Door Solutions accepted the proclamation and provided brief comments.

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3.C 23-1244

3.D 23-1245

CONSENT CALENDAR
Proclaim October 9, 2023, as Hangul Day
Mayor Gillmor proclaimed October 9, 2023 as Hangul Day.

Dr. Eun Hee Koo, Chairperson at the Korean Language and Culture Foundation, accepted the proclamation and shared brief remarks.

Proclaim October 2023 as Filipino American History Month Mayor Gillmor proclaimed October 2023 as Filipino American History Month.

Consul Jed Martin Llona of the Philippine Consulate General in San Francisco and Community Leader Don Orozco accepted the
proclamation and shared brief remarks.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to approve the Consent Calendar.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.A 23-22 Board, Commissions and Committee Minutes
Recommendation: 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
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to note and file the minutes of the May 9, 2023 Youth Commission meeting; August 15, 2023 Parks & Recreation Commission meeting; the August 28, 2023 Senior Advisory Commission meeting; and the August 7, 2023
Cultural 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 23-118 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
Recommendation: 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.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to 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 to 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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4.C 23-119 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
Recommendation: 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.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to 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 to 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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4.D 23-1048 Action to Amend the Community Development Department’s Building Division Consultant Agreements for Plan Review and Inspection Services, and Approve the Related Budget Amendment
Recommendation: 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).

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to approve and authorize the City Manager to execute nine plan check agreement Amendments and one 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 to 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 City of Santa Clara Page 8 Printed on 11/13/2023
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unrestricted ending fund balance by $2,200,000.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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4.E 23-936 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 Recommendation: 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).

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to 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; to 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; to 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 to 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.

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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.F 23-995 Action on Amendment No. 1 to the Agreement with Real Environmental Products, LLC for Landfill Gas Collection System Repair and Maintenance Services
Recommendation: 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.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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4.G 23-925 Action on Amendment No. 5 to the Contract Between the County of Santa Clara and City of Santa Clara Congregate Meals Program
Recommendation: 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).

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to 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; to 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 to 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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4.H 23-836 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
Recommendation: 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).

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to 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; to 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; 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
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the amount of $3,400,000.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.I 23-1074 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
Recommendation: 1. Determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and

2. 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.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and to 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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4.J 23-1075 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
Recommendation: 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.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adopt Resolution 23-9269 increasing the Transient Occupancy Tax rate from 11.5% to 12.5% effective January 1, 2024; and 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.K 23-1140 Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2024
Recommendation: Set the 2024 calendar year Council and Authorities Concurrent and Stadium Authority as reflected on the attached calendar.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to approve the 2024 Calendar Year
meetings for the Council and Authorities Concurrent and Stadium Authorities.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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4.L 23-1167 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 Recommendation: 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. A motion was made by Councilmember Becker, seconded by Councilmember Hardy, to approve Silicon Valley Power's
annual sponsorship support of the events and activities listed in Attachment 1 and to 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.M 23-637 Action on Amendments to Council Policy 035 (“Naming of Facilities”) as recommended by the Governance and Ethics Committee
Recommendation: Adopt a Resolution amending Council Policy 035 on Naming of Facilities.

A motion was made by Councilmember Becker, seconded
by Councilmember Hardy, to adopt Resolution 23-9270
amending Council Policy 035 on Naming of Facilities.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.N 23-752 Note and file the 2023 Report on Flood Insurance Coverage Assessment Recommendation: Note and file the Report on Flood Insurance Coverage Assessment.

A motion was made by Councilmember Becker, seconded
by Councilmember Hardy, to note and file the report on
Flood Insurance Coverage Assessment.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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PUBLIC PRESENTATIONS
Jessie Tsao, Howard Ruzgani, Felix Lu, and Jennifer Lu spoke on the proposed AT&T cell tower installation in their neighborhood.

Howard Gibbins spoke on illegal street vendors at the Levi’s Stadium and thanked City staff on their efforts to prevent illegal street vending.

Kevin Zacher, Head Coach of Santa Clara Swim Club, spoke about the International Swim Center and pools in the City.

Kirk Vartan (time given by Marguerite Lee) shared a video.

Caller 2669 provided remarks on the age of discovery.

City Attorney Googins provided a brief response related to the Public Comment regarding the cellphone towers.

CONSENT ITEMS PULLED FOR DISCUSSION
There were no Consent Items pulled for discussion.

PUBLIC HEARING/GENERAL BUSINESS

5. 23-1269 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
Recommendation: 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.

Chappie Jones with the Cities Association of Santa Clara gave a Powerpoint presentation on the proposed Joint Powers Agreement to establish the Cities Association of Santa Clara County Joint Powers Agency.

Council questions followed.

Andrew Shen and Shali Sirkay of the Cities Association of Santa Clara responded to Council questions.

Public Comment:

John Haggerty
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6. 23-1251 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 Recommendation: Open the Public Hearing and then immediately continue this Public Hearing item to the October 24, 2023 City Council meeting.

Mayor Gillmor recused herself from this item due to a potential of conflict as she owns property within 500 feet of the subject properties and left the dais at 7:12 p.m.

Vice Mayor Park presided over this item.

A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to open the Public Hearing and continue this Public Hearing until the October 24, 2023 City Council Meeting.

7. 23-1090 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
Recommendation: 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.

Councilmember Jain recused himself from this item due to a potential conflict of interest due to the proximity of this project from his personal residence.

City Manager Grogan introduced this agenda item.

Community Development Director Crabtree provided the PowerPoint presentation.

Applicant Giovanni Bui provided a PowerPoint presentation.

Public Comment:

Anne Kepner
Candida Diaz
Jim Babcock
Carmen Bliss
Amira Sabetic
Ed Stocks
Joel Jaquez
Peter Diaz
Julie Salinas (time given by Cara Pham, Anna Klaramaj, Rebecca Fung, and Andrew Fung)
Rob Mayor (time given by Suelinn Moore)
Janet Stevenson
Adam Thompson
Shea Salinas
Mike Neunfinger
Gabby & LaDonna
Vinicius
Elizabeth Wallam
Alfonse Pham
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Applicant Bui provided rebuttal to Public Comment.

A motion was made by Councilmember Becker, seconded by
Vice Mayor Park, to close the Public Hearing.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Becker, and Mayor Gillmor 6 -
Recused: 1 - Councilmember Jain
A motion was made by Councilmember Hardy, seconded by
Councilmember Chahal, to determine project is categorically exempt from CEQA under Class 1(e)(2) (Existing Facilities); to adopt a resolution to approve a Rezone from PD - Planned Development to PD to allow a 615 square foot first-floor addition and a 1,008 square foot second-floor addition at 1485 Bellomy Street, subject to conditions of approval; and 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.

Council deliberations followed.

Councilmember Hardy withdrew her motion.

A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to return this item back to staff for a redesign and return to City Council for consideration at a future meeting.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Becker, and Mayor Gillmor
5 -
Nay: 1 - Vice Mayor Park
Recused: 1 - Councilmember Jain
Mayor Gillmor called a meeting recess at 11:08 p.m.

Counilmember Jain returned to the dais at 11:13 p.m.

Mayor Gillmor reconvened the meeting at 11:14 p.m.

A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, that this item be Adopted. The
motion carried by the following vote:

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Becker, and Mayor Gillmor
5 -
Nay: 1 - Vice Mayor Park
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Recused: 1 - Councilmember Jain

8. 23-1159 Silicon Valley Power Quarterly Update
Recommendation: Note and file the Silicon Valley Power Quarterly Update.

Silicon Valley Power Chief Utility Officer Pineda gave a Powerpoint presentation on the quarterly update.

Council questions and comments followed.

Chief Utility Officer Pineda responded to Council questions.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to note and file the Silicon Valley Power Quarterly Update.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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9. 23-122 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
Recommendation: 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.

Councilmember Chahal recused himself due to a potential conflict of interest as he has property located near the site and and left the meeting at 11:44 p.m.

Chief Utility Officer Pineda provided a Powerpoint presentation on the agreement with HD Hyundai Electric America Corporation for the purchase of up to twelve high voltage transformers.

Council questions followed.

A motion was made by Councilmember Jain, seconded by
Councilmember Becker, to 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; City of Santa Clara Page 22 Printed on 11/13/2023
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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.

Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor 6 -
Recused: 1 - Councilmember Chahal

REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Mayor Gillmor reported she attended the League of California Cities annual conference and shared some of the sessions she attended. She also reported on attending an Art Exhibit at Santa Clara University. Lastly, Mayor Gillmor reported she attended the grand opening of the Tai Ji Men Qigong Academy.

Vice Mayor Park reported he also attended the League of California Cities annual conference as well as the grand opening of the Tai Ji Men Qigong Academy.

Councilmember Becker thanked Councilmember Chahal for attending the CalTrain meeting on September 25, 2023 on his behalf and announced that train service from San Francisco to Millbrae will be suspended on weekends on October 7 and October 8 and October 14 and October 15 to work on the electrification of its fleet.

Councilmember Jain reported he attended the Northern California Power Agency Annual Conference on October 4 through October 6.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT
City Manager Grogan stated there was no report.

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ADJOURNMENT
Councilmember Watanabe adjourned the meeting in memory of Douglas E.

Barry.

Councilmember adjourned the meeting in memory of Laura Annette Saiu.

A motion was made by Councilmember Becker, seconded by Vice Mayor Park, to adjourn the meeting at 11:59 p.m. in memory of Douglas E.

Barry and Laura Annette Saiu.

Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor 6 -

Absent: 1 - Councilmember Chahal
23-1336 Moment of Silence/Adjournment
The next regular scheduled meeting is on Tuesday, October 24, 2023 in the City Hall Council Chambers.

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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.

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.

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MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Joint Council and Authorities Concurrent &
Santa Clara Stadium Authority
Draft
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:

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.

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
7 -

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
7 -
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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
7 -
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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
7 -
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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
7 -
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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
7 -
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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
7 -

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
7 -
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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
7 -
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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: 1 - Councilmember Chahal
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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
7 -

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
7 -

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
7 -
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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
7 -

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
7 -

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
7 -
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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
7 -
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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) City of Santa Clara Page 17 Printed on 11/20/2023
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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.

SANTA CLARA STADIUM AUTHORITY BOARD GENERAL BUSINESS
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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
7 -

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 -
Recused: 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 -
Recused: 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: 2 - Vice Mayor Park, and Councilmember Becker
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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: 2 - Councilmember Watanabe, and Mayor Gillmor
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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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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.

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 [email protected] <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.

City of Santa Clara Page 27 Printed on 11/20/2023

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent Meeting
Draft
5:30 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
11/07/2023
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.

NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

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Councilmember Chahal participated from the following location:
224 Av Aristide Briand, 93150 Le Blanc Mesnil, France
Council and Authorities Concurrent 11/07/2023
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Joint Dinner - 5:30 PM | Regular Meeting - 7:00 PM
5:30 PM JOINT DINNER
Call to Order in the Council Chambers
Mayor Gillmor called the meeting to order at 5:33 p.m.

Roll Call
Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Vice Mayor Kevin Park,
Councilmember Suds Jain, Councilmember Anthony Becker, and Mayor Lisa M. Gillmor

Present: 7 -

1. 23-860 Joint Dinner Meeting with City Council and Bicycle and Pedestrian Advisory Committee
Council and the Bicycle, Pedestrian Advisory Committee (BPAC) held a joint dinner.

Public Works Assistant Director Liw gave a Powerpoint presentation which outlined BPAC's accomplishments and provided a list of the 2024 BPAC Workplan and Priorities.

Committee and Council comments followed.

The joint dinner concluded at 6:37 p.m.
7:00 PM COUNCIL REGULAR MEETING
Call to Order in the Council Chambers
Mayor Gillmor called the meeting to order at 7:01 p.m.

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Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.

Councilmember Jain recited the Statement of Values.

Assistant City Clerk Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk Pimentel also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.

Mayor Gillmor asked for a moment of silence in memory of former Mayor and Councilmember Patricia "Patty" Mahan.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
Mayor Gillmor requested to move Item 5 up to be heard first under Public Hearing/General Hearing.

SPECIAL ORDER OF BUSINESS

2.A 23-1368 Proclamation in Recognition of Former Mayor and Councilmember Patricia “Patty” Mahan
Mayor Gillmor recognized the contributions of Patricia "Patty" Mahan and presented a proclamation in her honor to members of her family.

Council remarks followed.

Patty Mahan's husband John Boyle and sister Jeannie made remarks.

Public Comment:

Mary Grizzle

2.B 23-1106 Proclaim Sikh American Awareness and Appreciation Month Mayor Gillmor proclaimed November as Sikh American Awareness and Appreciation month.

Harpreet Singh Kohli along with Silicon Valley Gurwara accepted the proclamation and made a few remarks.

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2.C 23-1107

CONSENT CALENDAR
Proclaim the Celebration of Diwali in the City of Santa Clara Mayor Gillmor recognized the Celebration of Diwali, the Festival of Lights, in the City of Santa Clara.

Nilay Varshney, Laasya Pandravada, Swarada Ghawde, Lavitr Dhir, and Neetu Garg gave a Powerpoint presentation on the Diwali celebration.

Council comments followed.

Mayor Gillmor stated she is abstaining from voting on Item 3.D due to a potential conflict of interest as one of her properties is within 500 feet of the project.

Councilmember Jain stated he is also abstaining from voting on Item 3.D due to a potential conflict of interest as the project is running within 500 feet of his property. He also stated he was abstaining from voting on Item

3.A the August 22, 2023 minutes as he was not present at that meeting.

Councilmember Chahal stated he is abstaining from voting on Item 3.I due to a potential conflict of interest as his property lies within 500 feet of the project.

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to approve the Consent Calendar.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.A 23-1354 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
Recommendation: 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
Councilmember Jain abstained from voting on approving the August 22, 2023 Joint Council and Authorities Concurrent and Stadium Authorities minutes as he was not present at that meeting.

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to approve the minutes of August 22, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Becker, and Mayor Gillmor 6 -
Abstained: 1 - Councilmember Jain
A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to approve the minutes of the August 29, 2023 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; September 12, 2023 Council and Authorities Concurrent meeting; and September 19, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority meeting.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.B 23-24 Board, Commissions and Committee Minutes
Recommendation: 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
A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to note and file the minutes of the August 28, 2023 Bicycle & Pedestrian Advisory Committee meeting; the September 7, 2023 Historical and Landmarks Commission meeting; the September 19, 2023 Parks & Recreation Commission meeting; the September 25, 2023 Senior Advisory Commission meeting, and the October 11, 2023 Planning Commission meeting.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

3.C 23-829 Action on Award of Purchase Order with St. Francis Electric for Upgrading Pedestrian Signal and Luminaire Lighting at Traffic Signals to LED Recommendation: 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.

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to determine the project to be exempt from CEQA under Public Resources Code Section 15301 (Class 1 Categorical Exemption); and 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.D 23-1151 Action on Award of Contract for the Intelligent Transportation Systems Rehabilitation Phase 2 Project to Bear Electric Solutions, Inc. and Related Budget Amendment
Recommendation: 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).

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to determine the project to be exempt under CEQA Guidelines Section 15301 (Class 1) Categorical Exemption; 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; 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; and 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, and Councilmember Becker
5 -
Abstained: 2 - Councilmember Jain, and Mayor Gillmor
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3.E 23-1174 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
Recommendation: 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.

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.F 23-1310 Action on a Model Interconnection Agreement for Generating or Storage Facilities, Ratification of Previously Executed Interconnection Agreements, and Authorization to Execute Future Interconnection Agreements Recommendation: 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.

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to approve a model Interconnection Agreement for Generating and Storage Facilities (Interconnection Agreement) in the form attached hereto; 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 ratify Interconnection Agreements which have been previously executed by City staff.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.G 23-1202 Action on the Historic Preservation Agreement (Mills Act Contract) for 2566 Homestead Road
Recommendation: 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.

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to determine that the project is
categorically exempt from CEQA pursuant to CEQA Guidelines Section 15331(Class 31 - Historical Resource Restoration / Rehabilitation); and 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

3.H 23-1172 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
Recommendation: 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).

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to accept the total California Literacy Services (CLLS) grant award of $169,115 for the Read Santa Clara program; and 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.

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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

3.I 23-880 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 Recommendation: 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).

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to adopt Resolution 23-9279 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; 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 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.

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Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor 6 -
Abstained: 1 - Councilmember Chahal

3.J 23-1055 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
Recommendation: 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.

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to adopt Resolution 23-9280 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]; adopt Resolution 23-9281 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]; adopt Resolution 23-9282 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]; adopt Resolution 23-9283 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 authorize the recordation of the Resolutions.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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3.K 23-1272 Action to Authorize the Use of City Electric Forces at Various Locations Recommendation:

1. Determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 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.

A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, 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 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.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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PUBLIC PRESENTATIONS
Pilar Furlong with the Bill Wilson Center announced that November is National Runaway and Homeless Youth Prevention Month to increase awareness on homelessness among youth and young adults in our community and invited the community to attend the Homeless Rally Walk on November 10, 2023 starting at San Jose City Hall.

Ron Avnur from the Santa Clara Swim Club urged the City to build a new International Swim Center.

Debra Von Huene (time was given to her by Neetu and Paul McNamarra for a total of nine minutes) spoke on the mechanical horse art installed at Santa Clara University in partnership with the Cultural Commission and Santa Clara University and invited the public to view the art installation.

Jane Xu urged the City to build a new International Swim Center.

Debbie Tryforos shared a video regarding ethics.

CONSENT ITEMS PULLED FOR DISCUSSION
There were no Consent Items pulled for discussion.

PUBLIC HEARING/GENERAL BUSINESS
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5. 23-1294 Presentation of the Recommendations from the 2023 Charter Review Committee Related to the Positions of Chief of Police and City Clerk Recommendation: 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.

City Manager Grogan gave a brief overview of the presentation to follow.

Assistant City Manager Bojorquez introduced Chair Houston who gave a Powerpoint presentation on the recommendation from the 2023 Charter Review Committee (CRC) related to the positions of Police Chief and City Clerk.

Council comments and questions followed.

Assistant City Manager Bojorquez and Chair Houston addressed Council questions.

CRC Member Chandra made some remarks.

CRC Member Koltermann made some remarks.

Public Comment:

Jeremy Schmidt
Pedro Hernandez-Ramos
Kevin Albanese
Dana Caldwell
John Haggerty
Hosam Haggag
Public Speaker
Edward Strine
Michelle Ryan
Jeff Houston
Gary
Kumar Patel
Council comments followed.

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A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to direct staff to return to Council with the CRC recommendation on ballot language: "Shall an amendment to the City Charter providing that the City Clerk position be appointed by the City Manager be adopted?" and "Shall an amendment to the City Charter providing that the Chief of Police position be appointed by the City Manager be adopted?" and request that the City Manager be encouraged to utilize recruitment strategies and hiring practices that would promote as diverse a pool of qualified candidates as possible if the charter amendments are ultimately approved by voters; and direct staff to review what occurred with the survey and determine IP addresses of survey respondents.

Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -
Nay: 2 - Councilmember Watanabe, and Vice Mayor Park
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4. 23-1296 Discussion and Potential Action on the Proposed Joint Powers Agency Agreement to Establish the Cities Association of Santa Clara County Joint Powers Agency
Recommendation: 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.

City Manager Grogan introduced the item.

Assistant to City Manager Jung who gave a Powerpoint presentation on the proposed Joint Powers Agency Agreement to establish the Cities Association of Santa Clara County.

Council comments and questions followed.

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City Manager Grogan, City Attorney Googins, Shali Sirkay with the Cities Association, and Andrew Shen with the Public Law Group addressed Council's concerns and questions.

Public Comment:

John Haggerty
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve the Joint Powers Agency
Agreement in the form presented and delegate authority to Councilmember Watanabe to report approval of the Joint Powers Authority Agreement at the Cities Association of Santa Clara County Board of Director's meeting and authorize the City Manager to execute the Joint Powers Authority Agreement in a final form approved by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

6. 23-1358 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
Recommendation: Staff makes no recommendation on this item.

Vice Mayor Park requested that the topic of the ballot measure be moved to a meeting date where all members of the Council are available to attend in person.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to select the December 5 Council meeting to discuss the topic of placing a March ballot measure.

Aye: Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor 6 -
Nay: 1 - Councilmember Watanabe

REPORTS OF MEMBERS AND SPECIAL COMMITTEES/FUTURE AGENDA ITEMS City of Santa Clara Page 18 Printed on 11/27/2023
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7. 23-1370 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
Recommendation: Staff makes no recommendation.

Councilmember Becker explained his request 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.

Councilmember Becker abstained from voting on this item.

A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to place this item on a future Council meeting agenda for consideration and discussion.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Mayor Gillmor 6 -
Abstained: 1 - Councilmember Becker
Councilmember Jain reported that on the Valley Transportation Authority Board ordered the $76 million tunnel boring machine.

Mayor Gillmor announced that Santa Clara Lions 10U and 12U football teams playing are playing the championship game on November, 11, 2023 at Yerba Buena High School.

Vice Mayor Park reported upcoming events at the Triton Museum.

Councilmember Hardy requested to be excused from Veterans Day events on November 11, 2023 as she will be out of town.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
City Manager Grogan stated there was no report.

A motion was made by Vice Mayor Park, seconded by
Councilmember Hardy, to adjourn the meeting at 12:13 a.m. in memory of Patricia "Patty" Mahan.

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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.

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 [email protected] <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.

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MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Joint Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Draft
6:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
11/14/2023
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:

NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

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Closed Session - 6:00 PM | Regular Meeting - 7:00 PM
6:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 6:02 p.m.

Roll Call
Council/Boardmember Kathy Watanabe, Council/Boardmember Karen Hardy, Council/Boardmember Suds Jain, Council/
Boardmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor

Present: 5 -

Absent: 2 - Council/Boardmember Raj Chahal, and Vice Mayor/Chair Kevin Park A motion was made by Council/Boardmember Jain, seconded by Council/Boardmember Becker, to excuse the absences of Vice Mayor/Chair Park and Council/Boardmember Chahal from the November 14, 2023 Council meeting.

Aye: Council/Boardmember Watanabe, Council/boardmember Hardy, Council/Boardmember Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
5 -

Absent: 2 - Council/Boardmember Chahal, and Vice Mayor/Chair Park

1. 23-1394 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8
Property: East of Loyalton and West of Cold Springs in Sierra and Lassen Counties, APN: 147-040-02-11, 147-050-02-11, 147-050-03-11, 147-05-19-11, 147-070-04-11, 147-070-05-11, 147-080-01-11, 147-080-03-11, 147-080-11-11, 147-080-14-11, 147-080-15-11, 021-010-003, 021-020-001, 016-100-004, 016, 090, 059, 021-010-006, 021-010-012, 016-100-005, 016-080-008, 016-070-012, 016-090-011, 021-010-013, 016-100-001, 016-100-006 and 016-080-007
City/Authority Negotiator: Jovan D. Grogan, City Manager (or designee), Manuel Pineda
Negotiating Parties: Washoe Tribe of Nevada and California Under Negotiation: Sale of Real Property (provisions, price and terms of payment)
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Public Comment
There were none.

Convene to Closed Session (Council Conference Room)
Mayor/Chair Gillmor convened into Closed Session at 6:05 p.m. 7:00 PM 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.

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 was no reportable action from Closed Session.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
There were none.

SPECIAL ORDER OF BUSINESS
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2.A 23-1351 Presentation by Senator Aisha Wahab of an Award in the Amount of $1.8 Million from the State of California to Support the Santa Clara Cares Overnight Locations Pilot Program
Mayor Gillmor introduced Senator Aisha Wahab who presented an award in the amount of $1.8 million from the State of California to support the Santa Clara Cares Overnight Locations Pilot Program.

Council comments followed.

2.B 23-1364 Presentation of a Legislative Update by California State Senator Aisha Wahab
Recommendation: Note and file Senator Aisha Wahab’s legislative update.

2.C 23-1154

2.D 23-1297

CONSENT CALENDAR
Senator Wahab gave a Powerpoint presentation on the Legislative update and introduced her team.

Council comments followed.

Proclaim November 2023 as Native American Heritage Month Mayor Gillmor proclaimed November as Native American Heritage Month.

Indian Health Center Chief Executive Officer Sonya Tetnowski accepted the proclamation and provided a few remarks.

Council comments followed.

Proclaim November 12 to November 18, 2023 as National Nurse Practitioner Week
Mayor Gillmor proclaimed November 12-18 as national Nurse Practitioner Week.

Sharlene Madanes, Nurse Practitioner at Santa Clara Homestead Medical Center in Cardiology, and Stacy Stefanopoulos, Nurse Practitioner at San Jose Medical Center in Minor Injury, accepted the proclamation and provided a few remarks.

Council comments followed.

Council/Boardmember Watanabe pulled Item 4.E for discussion after Item 6.

A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to approve the balance of the Consent Calendar.

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Aye: Council/Boardmember Watanabe, Council/Boardmember Hardy, Council/ Boardmember Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor 5 -

Absent: 2 - Council/Boardmember Chahal, and Vice Mayor/Chair Park

3.A 23-25 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Downtown Community Task Force Meeting of June 15, 2023
Downtown Community Task Force Meeting of July 20, 2023
Downtown Community Task Force Meeting of August 17, 2023 Downtown Community Task Force Meeting of December 16, 2021 Cultural Commission - October 2, 2023
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to note and file the minutes of the June 15, 2023 Downtown Community Task Force meeting; July 20, 2023 Downtown Community Task Force meeting; August 17, 2023
Downtown Community Task Force meeting; December 16, 2021 Downtown Community Task Force meeting; and October 2, 2023 Cultural Commission meeting.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -

Absent: 2 - Councilmember Chahal, and Vice Mayor Park

3.B 23-1279 Action on City Bills and Claims Report for the period September 23, 2023 - October 13, 2023
Recommendation: Approve the list of Bills and Claims for September 23, 2023 - October 13, 2023.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to approve the list of Bills and Claims for September 23, 2023 - October 13, 2023.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -

Absent: 2 - Councilmember Chahal, and Vice Mayor Park
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3.C 23-1288 Action on a Resolution Authorizing the City Manager or its designee to enter into an Exclusivity Agreement, as needed, to negotiate the terms of Energy-related Purchase and Sale Agreements with Project Developers Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to negotiate, approve, and execute exclusivity agreements for the negotiation of energy-related purchase and sale agreements with project developers and any required amendments so long as these agreements and amendments are at no cost to the City and do not commit the City to enter into power purchase agreements or other energy-related agreements, subject to review and approval as to form by the City Attorney.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adopt Resolution 23-9284 authorizing the City Manager, or designee, to negotiate, approve, and execute exclusivity agreements for the negotiation of energy-related purchase and sale agreements with project developers and any required amendments so long as these agreements and
amendments are at no cost to the City and do not commit the City to enter into power purchase agreements or other energy-related agreements, subject to review and approval as to form by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -

Absent: 2 - Councilmember Chahal, and Vice Mayor Park
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3.D 23-1309 Action on Authorizing the Use of City Electric Forces at Various Locations Recommendation:

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2333 Calle Del Mundo, 3172 McKinley Drive, 2729 Columbus Place, 2241 Francis Avenue, 1657 Calabazas Boulevard, and 2850 Lafayette Street are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2333 Calle Del Mundo, 3172 McKinley Drive, 2729 Columbus Place, 2241 Francis Avenue, 1657 Calabazas Boulevard, and 2850 Lafayette Street 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, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -

Absent: 2 - Councilmember Chahal, and Vice Mayor Park
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3.E 23-1318 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 Well 15 - 857 Hubbard Ave (W&S SCADA), Great America Parkway & Mission College Blvd (Engineering Department - Traffic), 5101 Lafayette Street - 3080 Raymond Street, and 1205 Coleman Avenue - 3080 Raymond Street are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and declare and determine in accordance with Section 1310 of the City Charter that the public works located at Well 15 - 857 Hubbard Ave (W&S SCADA), Great America Parkway & Mission College Blvd (Engineering Department - Traffic), 5101 Lafayette Street - 3080 Raymond Street, and 1205 Coleman Avenue - 3080 Raymond Street 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, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -

Absent: 2 - Councilmember Chahal, and Vice Mayor Park
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3.F 23-1087 Action to Adopt a Resolution to Set the Regular Meeting Schedules and Dates for the Bicycle and Pedestrian Advisory Committee for Calendar Year 2024
Recommendation: Adopt a Resolution approving the 2024 BPAC Calendar of Meetings and setting the number and start time of BPAC meetings.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adopt Resolution 23-9285 approving the 2024 Bicycle and Pedestrian Advisory Committee Calendar of Meetings and setting the number and start time of Bicycle and Pedestrian Advisory Committee meetings.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -

Absent: 2 - Councilmember Chahal, and Vice Mayor Park

SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR

4.A 23-1088 Action on Stadium Authority Bills and Claims for the Month of August 2023 Recommendation: Approve the list of Stadium Authority Bills and Claims for August 2023.

A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve the list of Stadium Authority Bills and Claims for August 2023.

Aye: Boardmember Watanabe, Boardmember Hardy, Boardmember Jain, Boardmember Becker, and Chair Gillmor
5 -

Absent: 2 - Boardmember Chahal, and Vice Chair Park
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4.B 23-962 Action on the Santa Clara Stadium Authority Financial Status Report for Quarter Ending June 30, 2023 and Approve Related Budget Amendments Recommendation: 1. Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending June 30, 2023; and

City Council and Authorities ConcurrentDecember 5, 2023

City Council and Authorities Concurrent
December 5, 2023