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:
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 may contact the Office of the City Clerk at (408) 615-2220 or [email protected].
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 Jō
van 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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Special Meeting Meeting Minutes
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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Special Meeting Meeting Minutes
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.
09/26/2023
Joint Council & Stadium Authority
Special Meeting Meeting Minutes
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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Special Meeting Meeting Minutes
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.
09/26/2023Joint Council & Stadium Authority
Special Meeting Meeting Minutes
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.
09/26/2023
Joint Council & Stadium Authority
Special Meeting Meeting Minutes
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.
MEETING DISCLOSURES