City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
4:00 PMTuesday, December 5, 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
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Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Sana Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or [email protected].
Council and Authorities Concurrent
Meeting
Meeting Agenda 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
Council and Authorities Concurrent
Meeting
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:
Call to Order in the Council Chambers
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
Council and Authorities Concurrent
Meeting
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.]
Council and Authorities Concurrent
Meeting
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 Board, Commissions and Committee Minutes23-26
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:
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
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:
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
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:
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
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:
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
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:
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
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:
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
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:
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
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 Bi-Annual Status Report on the GIS Services Program23-1274 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:
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
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:
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
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.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda December 5, 2023
The time limit within which to commence any lawsuit or legal challenge to any quasi -adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi -adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA .gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U -verse channel 99), or the livestream on the City ’s YouTube channel or Facebook page.
Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.
AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.
Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.
LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City ’s official -notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City ’s website and in the City Clerk ’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk ’s Office at (408) 615-2220, email clerk@santaclaraca .gov <mailto :[email protected]> or at the public information desk at any City of Santa Clara public library.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City ’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk ’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability -related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City ’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.