City of Santa Clara
Minutes
Joint Council and Authorities Concurrent &
Santa Clara Stadium Authority Meeting
4:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
12/12/2023
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 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].
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Closed Session - 4:00 PM | Regular Meeting - 7:00 PM
4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 4:02 p.m.
Roll Call
Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Karen Hardy, Vice Mayor/Chair Kevin Park, Council/Boardmember Suds Jain, Council/Boardmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor
Present: 7 -
1.A 23-1399 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
Marcus Dean Diaz v. City of Santa Clara, et al., United States District Court, Northern District of California, Case No. 5:20-cv-03506
1.B 23-1372 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)
1.C 23-1409
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
1.D 23-1516 Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1)
Title: City Manager
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Public Comment
Annette Duerksen, President of Santa Clara Employees Association, spoke on Item 1.C (total of 10 minutes; time given by Chuck Quanz, Katie Carter, Juan Padilla, Lina Prada-Baez).
Convene to Closed Session (Council Conference Room)
Mayor/Chair Gillmor convened the meeting into Closed Session at 4:12 p.m. 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 7:00 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/Legal Counsel Googins stated there was no reportable action taken in Closed Session.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
Council/Boardmember Becker requested to move Items 7 and 8 after Public Presentations.
SPECIAL ORDER OF BUSINESS
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2. 23-1359 Present a Commendation for the 70th Anniversary of Nossa Senhora de Fatima, Nonprofit Organization in Santa Clara
Mayor Gillmor recognized the 70th anniversary of Nossa (noe-sa) Senhora de Fatima, a nonprofit organization in Santa Clara, and presented the commendation.
Erica Toste, President of Nossa Senhora de Fatima, accepted the commendation and provided brief comment.
CONSENT CALENDAR
Mayor/Chair Gillmor pulled Item 3.Q.
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Chahal, to approve the Consent Calendar.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.A 23-27
Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Audit Committee - August 30, 2023
Governance and Ethics Committee - September 11, 2023
Cultural Commission - November 6, 2023
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to note and file the minutes of August 30, 2023 Audit Committee meeting, September 11, 2023 Governance and Ethics Committee, and the November 6, 2023 Cultural Commission.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.B 23-1280 Action on Monthly Financial Status and Investment Reports for September 2023 and to Approve the Related Budget Amendments
Recommendation: 1. Note and file the Monthly Financial Status Reports and Monthly Investment Reports for September 2023 as presented; and
2. Approve the following FY 2023/24 Budget Amendments:
a. In the General Fund, recognize other fees for services revenue of $150,000 and appropriate the funding to the Fire Department to support ambulance transport services (five affirmative Council votes required to appropriate additional revenue);
b. In the Convention Center Enterprise Fund, transfer $90,000 to the Convention Center Capital Fund, offset by a reduction to the ending fund balance (five affirmative Council votes required for the use of unused balances);
c. In the Convention Center Capital Fund, recognize a transfer of $90,000 from the Convention Center Enterprise Fund and
appropriate the funding to the Santa Clara Convention Center Condition Assessment Repair project (five affirmative Council votes required to appropriate additional revenue);
d. In Electric Utility Capital Fund, increase the Major Engine Overhaul and Repair project in the amount of $3,500,000, offset by a reduction to the ending fund balance (five affirmative Council votes required for the use of unused balances);
e. In the Fire Development Services Fund, recognize other fees for services revenue of $2,887 and appropriate the funding to the Fire Department (five affirmative Council votes required to
appropriate additional revenue); and
f. In the Fire Operating Grant Trust Fund, recognize other agencies revenue of $2,832 and appropriate the funding to the 2023 International Association of Fire Chiefs Grant Program (five affirmative Council votes required to appropriate additional revenue).
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to note and file the Monthly Financial Status Reports and Monthly Investment Reports for September 2023 as presented; and to approve the following FY 2023/24 Budget Amendments: a) in the General Fund, recognize other fees for services revenue of $150,000 and appropriate the funding to the Fire Department to support ambulance transport services; b) in the Convention Center Enterprise Fund, transfer $90,000 to the Convention Center Capital Fund, offset by a reduction to the ending fund balance; c) in the Convention Center Capital Fund, recognize a transfer of $90,000 from the Convention Center Enterprise Fund and appropriate the funding to the Santa Clara Convention Center
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Condition Assessment Repair project; d) in Electric Utility Capital Fund, increase the Major Engine Overhaul and Repair project in the amount of $3,500,000, offset by a reduction to the ending fund balance; e) in the Fire Development Services Fund, recognize other fees for services revenue of $2,887 and appropriate the funding to the Fire Department; and f) in the Fire Operating Grant Trust Fund, recognize other agencies revenue of $2,832 and appropriate the funding to the 2023 International Association of Fire Chiefs Grant Program.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.C 23-1096
Action on the City of Santa Clara Audited Annual Comprehensive Financial Report and Audited Silicon Valley Power Financial Statements for Fiscal Year Ended June 30, 2023, as Recommended by the Audit Committee Recommendation:
Note and file, as recommended by the Audit Committee:
1. The audited City of Santa Clara Annual Comprehensive Financial Report (ACFR) for fiscal year ended June 30, 2023; and
2. The audited City of Santa Clara Electric Utility Enterprise Fund (Silicon Valley Power) Financial Statements for fiscal year ended June 30, 2023 .
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to note and file, as recommended by the Audit Committee, the audited City of Santa Clara Annual Comprehensive Financial/Report (ACFR) for fiscal year ended June 30, 2023; and the audited City of Santa Clara Electric Utility Enterprise Fund (Silicon Valley Power) Financial Statements for fiscal year ended June 30, 2023.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.D 23-915 Action on Approval of the Spending Plan for Supplemental Law Enforcement Services Fund and the Related Budget Amendment Recommendation: 1. Approve the spending plan for funds received from the Citizen’s Option for Public Safety Programs Supplemental Law Enforcement Services Fund;
2. Approve the following FY 2023/2024 budget amendments in the Police Operating Grant Trust Fund:
a) Recognize grant revenue in the amount of $205,975 and establish a COP24 grant appropriation in the amount of
$205,975 (five affirmative Council votes required to
appropriate additional revenue).; and
b) Recognize grant revenue in the amount of $173,161 and increase the COP23 grant appropriation in the amount of $173,161 (five affirmative Council votes required to
appropriate additional revenue).
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to approve the spending plan for funds received from the Citizen’s Option for Public Safety Programs Supplemental Law Enforcement Services Fund; and to approve the following FY 2023/2024 budget amendments in the Police Operating Grant Trust Fund: a) recognize grant revenue in the amount of $205,975 and establish a COP24 grant appropriation in the amount of $205,975; and b) recognize grant revenue in the amount of $173,161 and increase the COP23 grant appropriation in the amount of $173,161.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.E 23-1216 Action on an Agreement with BKF Engineers for Design Professional Services for the Lafayette Street Class IV Bikeway and Pavement Rehabilitation Project and Related Budget Amendment
Recommendation:
1. Approve and authorize the City Manager to execute an agreement with BKF Engineers for the Lafayette Street Class IV Bikeway and Pavement Rehabilitation Project in the amount not-to-exceed $588,385 for design professional services required for the Project, in a final form approved by the City Attorney; and
2. Authorize the City Manager to make minor modifications, including time extensions, to the agreement, if needed; and
3. Approve the FY 2023/24 budget amendments in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $20,000 to recognize grant funding for the VTA Measure B Bicycle/Pedestrian Capital Project Competitive Grant Program, decrease the Annual Street Maintenance and Rehabilitation Program project by $380,000, and increase the Lafayette Class IV Bike Lanes project by $400,000 (five affirmative Council votes required to appropriate additional revenue).
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to approve and authorize the City Manager to execute an agreement with BKF Engineers for the Lafayette Street Class IV Bikeway and Pavement Rehabilitation Project in the amount not-to-exceed $588,385 for design professional services required for the Project, in a final form approved by the City Attorney; and to authorize the City Manager to make minor modifications, including time extensions, to the agreement, if needed; and to approve the FY 2023/24 budget amendments in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $20,000 to recognize grant funding for the VTA Measure B Bicycle/Pedestrian Capital Project Competitive Grant Program, decrease the Annual Street Maintenance and
Rehabilitation Program project by $380,000, and increase the Lafayette Class IV Bike Lanes project by $400,000.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.F 23-1258 Action on Agreements with Telstar Instruments and Rosemount Inc. Doing Business as Measurement Solutions Systems & Services for Calibration, Maintenance and Repair Services for Various Instruments and Devices for Silicon Valley Power with Five Year Terms and a Maximum Compensation of $1,000,000 for Each Agreement to be Funded by Silicon Valley Power Recommendation:
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 execute an agreement with Telstar Instruments to provide calibration, maintenance and repair services for various instruments and devices for the period of October 1, 2023, through September 30, 2028, with a maximum compensation not to exceed $1,000,000, on substantially the terms and in the form presented, funded by the SVP Operating or Capital Fund as applicable, subject to the appropriation of funds and the review and approval as to form by the City Attorney;
3. Authorize the City Manager to execute an agreement with Rosemount Inc. doing business as Measurement Solutions Systems & Services to provide calibration, maintenance and repair services for various instruments and devices for the period of October 1, 2023, through September 30, 2028, with a maximum compensation not to exceed $1,000,000 on substantially the terms and in the form presented, funded by the SVP Operating or Capital Fund as applicable, subject to the appropriation of funds and the review and approval as to form by the City Attorney; and
4. Authorize the City Manager to take any actions as necessary to implement and administer the above agreements, including the secondary bid process outlined in the Report, and negotiate and execute amendments to such agreements to: (a) add or delete services consistent with the scope of services; (b) adjust future rates to account for changes in labor rates; (c) exercise one one-year option to extend the term of the agreements through September 30, 2029; and (d) increase the maximum compensation of each agreement by $750,000 to address future needs and requirements for a total maximum compensation of $1,750,000 for each agreement, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; to authorize the City Manager to execute an agreement with Telstar Instruments to provide calibration, maintenance and repair services for various instruments and devices for the period of October 1, 2023, through
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September 30, 2028, with a maximum compensation not to exceed $1,000,000, on substantially the terms and in the form presented, funded by the SVP Operating or Capital Fund as applicable, subject to the appropriation of funds and the review and approval as to form by the City Attorney; to authorize the City Manager to execute an agreement with Rosemount Inc. doing business as Measurement Solutions Systems & Services to provide calibration, maintenance and repair services for various instruments and devices for the period of October 1, 2023, through September 30, 2028, with a maximum compensation not to exceed $1,000,000 on substantially the terms and in the form presented, funded by the SVP Operating or Capital Fund as applicable, subject to the appropriation of funds and the review and approval as to form by the City Attorney; and to authorize the City Manager to take any actions as necessary to implement and administer the above agreements, including the secondary bid process outlined in the Report, and negotiate and execute amendments to such agreements to: (a) add or delete services consistent with the scope of services; (b) adjust future rates to account for changes in labor rates; (c) exercise one one-year option to extend the term of the agreements through September 30, 2029; and (d) increase the maximum compensation of each agreement by $750,000 to address future needs and requirements for a total maximum compensation of $1,750,000 for each agreement, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.G 23-1396 Action to Authorize the City Manager to Execute Agreements with RCR Tasman I, LLC for the Construction of Park Improvements and the Maintenance of the Park within the Tasman East Specific Plan Area at Developer’s Sole Cost
Recommendation:
Authorize the City Manager to execute the Parkland Agreement and the Park Maintenance Agreement with RCR Tasman I, 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.
eComment:
Susan Hinton
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to authorize the City Manager to execute the Parkland Agreement and the Park Maintenance Agreement with RCR Tasman I, 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
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3.H 23-1425
Action on Amendment No. 1 to the J. Powers Recruiting Inc. Agreement For Citywide Recruiting Services
Recommendation:
1. Action to Authorize the City Manager to execute Amendment No. 1 to the J. Powers Recruitment, Inc. services agreement to increase the maximum compensation from $250,000 to $500,000.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to authorize the City Manager to execute Amendment No. 1 to the J. Powers Recruitment, Inc. services agreement to increase the maximum compensation from $250,000 to $500,000.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.I 23-1382 Action on Amendment No. 1 to the Agreement for Services with The Power System People, Inc. DBA Power System Operations for Software License Update and Maintenance of the Validate, Estimate, Reconcile, Allocate (VERA) Settlement Suite Software funded by the Electric Utility Fund Recommendation:
1. Authorize the City Manager to execute Amendment No. 1 to the Agreement for Services (Agreement) with The Power System People DBA Power System Operations for Software License Update and Maintenance of the Validate, Estimate, Reconcile, Allocate (VERA) Settlement Suite Software and Provision of Cloud Hosting to retroactively reinstate the Agreement from May 20, 2023 and extend it through May 19, 2026, and increase compensation by $905,700 for a revised maximum compensation of $1,354,000, subject to the appropriation of funds and review and approval as to form by the City Attorney; and
2. Authorize the City Manager to take any actions as necessary to implement and administer the Agreement and to negotiate and execute future amendment(s) to the Agreement to (a) extend the term for up to three additional years through May 23, 2029; (b) adjust rates to reasonable market rates; and (c) add or delete services or software functionalities to support future system requirements or regulatory needs, for a total maximum compensation amount not-to-exceed $2,000,000, subject to the appropriation of funds and review and approval as to form by the City Attorney.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to authorize the City Manager to execute Amendment No. 1 to the Agreement for Services (Agreement) with The Power System People DBA Power System Operations for software license update and maintenance of the Validate, Estimate, Reconcile, Allocate (VERA) Settlement Suite Software and provision of cloud hosting to retroactively reinstate the Agreement from May 20, 2023 and extend it through May 19, 2026, and increase compensation by $905,700 for a revised maximum compensation of $1,354,000, subject to the appropriation of funds and review and approval as to form by the City Attorney; and to authorize the City Manager to take any actions as necessary to implement and administer the Agreement and to negotiate and execute future amendment(s) to the Agreement to (a) extend the term for up to three additional years through May 23, 2029; (b) adjust rates to reasonable market rates; and (c) add or delete services or software functionalities to support future system requirements or regulatory needs, for a total maximum compensation amount not-to-exceed $2,000,000, subject to the appropriation of funds and review and approval as to form by the City Attorney.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.J 23-1383
Action on Amendment No. 2 to Agreement for the Performance of Services With Grid Subject Matter Experts, LLC, Extending the Term to December 31, 2024, and Increasing the Maximum Compensation from $300,000 to $500,000, Funded by the Electric Utility Fund
Recommendation:
1. Authorize the City Manager to execute Amendment No. 2 to the Agreement for the Performance of Services Between the City of Santa Clara, California, and Grid Subject Matter Experts, LLC. (Agreement), to extend the term of the Agreement through December 31, 2024, and increase the maximum compensation from $300,000 to $500,000 for the period of July 26, 2018, through December 31, 2024, subject to the review and approval as to form by the City Attorney; and
2. Authorize the City Manager to execute any related documents and take any actions as are necessary or advisable to implement and administer the Agreement.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to authorize the City Manager to execute Amendment No. 2 to the Agreement for the performance of services between the City of Santa Clara, California, and Grid Subject Matter Experts, LLC. (Agreement), to extend the term of the Agreement through December 31, 2024, and increase the maximum
compensation from $300,000 to $500,000 for the period of July 26, 2018, through December 31, 2024, subject to the review and approval as to form by the City Attorney; and to uthorize the City Manager to execute any related documents and take any actions as are necessary or advisable to implement and administer the Agreement.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.K 23-1061 Action on Amendment No. 3 to the Agreement with Townsend Public Affairs, Inc. for Legislative Advocacy Services
Recommendation: Authorize the City Manager to execute Amendment No. 3 to the Agreement with Townsend Public Affairs, Inc. to extend the term of the agreement through January 29, 2025 and increase the total not to exceed amount from $342,000 to $434,700 in a final form approved by the City Attorney.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to authorize the City Manager to execute Amendment No. 3 to the Agreement with Townsend Public Affairs, Inc. to extend the term of the agreement through January 29, 2025 and increase the total not to exceed amount from $342,000 to $434,700 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
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3.L 23-1335
Action on Amendment No. 7 to the Exclusive Negotiation Agreement and Amendment No. 5 for the Amended and Restated License Agreement with Habitat for Humanity East Bay / Silicon Valley for 3575 De La Cruz Boulevard with an Option to Extend the Agreements for an Additional Year Recommendation:
1. Approve and authorize the City Manager to execute Amendment No. 7 to the Exclusive Negotiation Agreement (ENA), Amendment No. 5 to the Amended and Restated License Agreement with Habitat for Humanity East Bay / Silicon Valley for the Development of 3575 De La Cruz Boulevard, and any options to extend the agreements not to exceed one additional year, in final forms approved by the City Attorney.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to approve and authorize the City Manager to execute Amendment No. 7 to the Exclusive Negotiation Agreement (ENA), Amendment No. 5 to the amended and restated License Agreement with Habitat for Humanity East Bay/Silicon Valley for the development of 3575 De La Cruz Boulevard, and any options to extend the agreements not to exceed one additional year, 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
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3.M 23-1453 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 Section 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 2201 Laurelwood Road 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 this public work consistent with this authorization.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to determine the proposed action is exempt from CEQA pursuant to Section 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 2201 Laurelwood Road 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 this public work consistent with this authorization.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.N 23-1062
Action on 2024 Legislative Advocacy Positions
Recommendation: Adopt the amended 2024 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; Community Services; Emergency Management; Energy Legislation, Regulations and Issues; Housing; Human Resources and Public Sector Employment; Public Safety; Regional Issues and Collaboration; Sustainability and Environmental Protection; Transportation Issues; and Water Supply and Conservation in the form presented.
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to adopt the amended 2024 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; Community Services; Emergency Management; Energy Legislation, Regulations and Issues; Housing; Human Resources and Public Sector Employment; Public Safety; Regional Issues and Collaboration; Sustainability and Environmental Protection; Transportation Issues; and Water Supply and Conservation in the form presented.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.O 23-1291
Action on the Santa Clara Police Department’s Recommendation to Name the Police Building’s Motorcycle Garage the “Pete Malae Traffic Unit Motorcycle Garage”
Recommendation:
Approve the naming of the Santa Clara Police Department’s Motorcycle Garage the “Pete Malae Traffic Unit Motorcycle Garage”
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to approve the naming of the Santa Clara Police Department’s Motorcycle Garage the “Pete Malae Traffic Unit Motorcycle Garage”.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
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3.P 23-916 Action to Accept an Award of Funding from the State of California in Support of the Regional Public Safety Interoperable Radio Communications Project ($1,750,000) and the Santa Clara Overnight Care Locations Project ($1,800,000) and to Approve the Related Budget Amendments
Recommendation:
1. Accept and approve Assembly Bill 102 funding to support the Regional Public Safety Interoperable Radio Communications ($1,750,000) and Santa Clara Overnight Care Locations
($1,800,000) projects;
2. Approve the following FY 2023/24 budget amendments:
a. In the Communication Acquisitions Fund, recognize Revenue from Other Agencies in the amount of $1,750,000 and
increase the Capital Outlay budget in the amount of
$1,750,000 (five affirmative Council votes required to
appropriate additional revenue); and
b. In the Other City Departments Operating Grant Trust Fund, recognize Revenue from Other Agencies in the amount of
$1,800,000 and establish a Santa Clara Overnight Care
Locations Program in the amount of $1,800,000 (five
affirmative Council votes required to appropriate
additional revenue).
3. Authorize the City Manager and Finance Director to sign any and all documents required to accept the described funding in final forms approved by the City Attorney
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to accept and approve Assembly Bill 102 funding to support the Regional Public Safety Interoperable Radio Communications ($1,750,000) and Santa Clara Overnight Care Locations ($1,800,000) projects; to approve the following FY 2023/24 budget amendments: a) in the Communication Acquisitions Fund, recognize Revenue from Other Agencies in the amount of
$1,750,000 and increase the Capital Outlay budget in the amount of $1,750,000; b) in the Other City Departments Operating Grant Trust Fund, recognize Revenue from Other Agencies in the amount of $1,800,000 and establish a Santa Clara Overnight Care Locations Program in the amount of $1,800,000; and to authorize the City Manager and Finance Director to sign any and all documents required to accept the described funding 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
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SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
4.A 23-1341 Action on Stadium Authority Bills and Claims for the Month of September 2023
Recommendation: Approve the list of Stadium Authority Bills and Claims for September 2023.
A motion was made by Boardmember Becker, seconded by
Boardmember Chahal, to approve the list of Stadium Authority Bills and Claims for September 2023.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor
7 -
4.B 23-1227 Informational Report on Stadium Authority and Stadium Manager Meetings for the Period of July 1 to September 30, 2023
Recommendation: Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding summaries for the period of July 1 to September 30, 2023.
A motion was made by Boardmember Becker, seconded by
Boardmember Chahal, to note and file quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding summaries for the period of July 1 to September 30, 2023.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor
7 -
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4.C 23-1423 Action on Stadium Manager’s Request to Approve an Agreement with Devcon Construction, Inc. for the Aesthetic Improvements - Premium Areas/Special Event Spaces CapEx Project within Stadium Shared Space and Related Budget Amendment
Recommendation:
1. Approve a budget amendment for the Aesthetic Improvements - Premium Areas/Special Event Spaces line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $242,855 from the Capital Budget Ending Fund Balance, for a total budget amount of $1,242,103;
2. Approve the Stadium Manager’s request to award an agreement to Devcon Construction, Inc. in the amount of $1,119,629 for aesthetic improvements (replacing carpet and paint) at Levi’s Stadium for the Aesthetic Improvements - Premium Areas/Special Event Spaces CapEx Project;
3. Authorize the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and
4. Authorize the Stadium Manager to execute change orders for the agreement up to $111,963, for a total not to exceed amount of $1,231,592.
A motion was made by Boardmember Becker, seconded by
Boardmember Chahal, to approve a budget amendment for the Aesthetic Improvements - Premium Areas/Special Event Spaces line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $242,855 from the Capital Budget Ending Fund Balance, for a total budget amount of $1,242,103; to approve the Stadium Manager’s request to award an agreement to Devcon Construction, Inc. in the amount of $1,119,629 for aesthetic improvements (replacing carpet and paint) at Levi’s Stadium for the Aesthetic Improvements - Premium Areas/Special Event Spaces CapEx Project; to authorize the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and to authorize the Stadium Manager to execute change orders for the agreement up to $111,963, for a total not to exceed amount of $1,231,592.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Vice Chair Park, Boardmember Jain, Boardmember Becker, and Chair Gillmor
7 -
PUBLIC PRESENTATIONS
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PUBLIC PRESENTATIONS
Mayor Gillmor announced that Public Presentations will be limited to one minute per speaker and that ceding time to another speaker will not be allowed.
The following people spoke under Public Presentations:
Samia Islam
Razian Breiwish
Maryan Shahid
Jessica Shalans
Howard Solovei
Belinda Wilder
Mia Shani
Omar S.
Sumayyah
Eric P
Donna
Mayrav Gee
Mike Sanford
Donna Wallach
Rachel Batish
Marie Levkovich
Sameena Usman
Leslie Shermen
Ron Warshawsky
Yevgeni Litvin
Nir Freuliel
Malika Khan
Eleanor
Michal Lapede
Asma
Naveed
Jacob Mar
Shoeb
Nada Sarhan
Mariam Sarhan
Mayeen Vikarim
Lina Seikh
Yehuda
Syed Salman Qadri
Shoeb Syed
Junaid Shaikh
Hamza Farooqui
Marwan Naggor
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Hanan Emaraam
Nuzhat Shaikh
Kamal
Rami Sultan
Samer Darwish
Ivan Ivanov
Soha Shaikh
Mohanad Tarek
Farah Al-Dhaher
Ronen
Jenny Shalev
Emma Gat
Alex S
Ori
Abdullah Al-Shehabi
Hamza Bari
Laksh Bhasin
James Kastelman
Dorene Kastelman
Zohar
Simona Tsives
Marzia Usman
Ahmed Hefny
Khadya Ahmd
Mossaab Bagdouri
Hasan Awais
Ali Awais
Keely Hunter
Oren Singer
Mina R.
Liat Salomon
Efi Rotem
Shlomit Bloom
Igal Bloom
Kent Mak
Boris Buicchia
Tmima Koren
Jennifer Omar
Nhada Ahmed
Yoseph Malkin
Scott Garson
Sharon Barker
Ron Vered
Norma Perez
Irv Rosen
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Mayor Gillmor stated that Public Presentations will continue after the conclusion of City business and called for a meeting recess at 9:00 p.m.
Mayor Gillmor reconvened the meeting at 9:10 p.m.
CONSENT ITEMS PULLED FOR DISCUSSION
Vice Mayor Park left the dais at 9:00 p.m. and returned at 9:14 p.m.
3.Q 23-1461 Note and File the List of Designated City Employees who are Subject to Post-Employment Restrictions Pursuant to City Code Chapter 2.145 Recommendation: Note and File the List of Designated City Employees who shall be subject to post-employment restrictions pursuant to Santa Clara City Code, Chapter 2.145 for the period of January 1, 2024 - December 31, 2024.
Mayor Gillmor pulled this item for questions.
City Manager Grogan responded to questions.
A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to note and file the List of Designated City Employees who shall be subject to post-employment restrictions pursuant to Santa Clara City Code, Chapter 2.145 for the period of January 1, 2024 - December 31, 2024.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Absent: Vice Mayor Park1 -
PUBLIC HEARING/GENERAL BUSINESS
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5. 23-1097 Action on FY 2022/23 Budget Year-End Report and Approve the Related Budget Amendments
Recommendation: 1. Note and file the FY 2022/23 Budget Year-End Report.
2. Approve the FY 2022/23 Budget Amendments to address necessary budget ratifications totaling $4,416,920 in 13 funds, as set forth in Attachment 1 of this report (five affirmative Council votes required for revenue actions and the use of unused balances as noted for each item in Attachment 1).
3. Approve the FY 2023/24 Budget Amendments in the General Fund to distribute excess funding from the close-out of FY 2022/23 as set forth in Attachment 2 of this report:
a. Increase the Capital Projects Reserve in the amount of $20,000,000, offset by an increase to the Beginning Fund Balance (five affirmative Council votes required for the use of unused balances);
b. Increase the Budget Stabilization Reserve in the amount of $6,276,323, offset by an increase to the Beginning Fund Balance (five affirmative Council votes required for the use of unused balances);
c. Increase the Pension Stabilization Reserve in the amount of $5,168,000, offset by an increase to the Beginning Fund Balance (five affirmative Council votes required for the use of unused balances);
d. Increase the Transfer to the Communications Acquisitions Fund for public safety radios in the amount of $3,500,000, offset by an increase in Beginning Fund Balance (five affirmative Council votes required for the use of unused balances);
e. Increase the Transfer to the Public Buildings Capital Fund for the Public and Workspace Improvement Project in the amount of $750,000, offset by an increase to the Beginning Fund Balance (five affirmative Council votes required for the use of unused balances); and
f. Increase the City Manager’s Office budget for maintenance and necessary HVAC repairs and replacement at 900 Lafayette Street, known as Commerce Plaza, and 1000 Lafayette Street, known as Peddler’s Plaza properties in the amount of $1,770,760, offset by an increase in rent revenue in the amount of $1,034,300 and an increase to the Beginning Fund Balance in the amount of $736,460 (five affirmative Council votes required for revenue actions and the use of unused balances).
4. Approve the FY 2023/24 Budget Amendments totaling $99,765,963 in 65 funds as set forth in Attachment 2 of this report (five affirmative Council votes required for revenue actions and the use of unused balances as noted for each item in Attachment 2).
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City Manager Grogan made a few opening remarks and introduced Finance Director Lee who gave a PowerPoint presentation on the FY 2022/23 Budget Year End report and related budget amendments.
Council comments and questions followed.
Mayor Gillmor disclosed that due to a conflict of interest of her property she abstained any discussion and vote on recommendation 3.F.
Finance Director Lee responded to Council questions.
Public Comment:
Public Speaker (5)
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to note and file the FY 2022/23 Budget Year-End Report; to approve the FY 2022/23 Budget Amendments to address necessary budget ratifications totaling $4,416,920 in 13 funds, as set forth in Attachment 1 of this report; to approve the FY 2023/24 Budget Amendments in the General Fund to distribute excess funding from the close-out of FY 2022/23 as set forth in Attachment 2 of this report: a) Increase the Capital Projects Reserve in the amount of $20,000,000, offset by an increase to the Beginning Fund Balance; b) increase the Budget Stabilization Reserve in the amount of $6,276,323, offset by an increase to the Beginning Fund Balance; c) increase the Pension Stabilization Reserve in the amount of $5,168,000, offset by an increase to the Beginning Fund Balance; d) increase the Transfer to the Communications Acquisitions Fund for public safety radios in the amount of $3,500,000, offset by an increase in Beginning Fund Balance; e) increase the Transfer to the Public Buildings Capital Fund for the Public and Workspace Improvement Project in the amount of $750,000, offset by an increase to the Beginning Fund Balance; and f) increase the City Manager’s Office budget for maintenance and necessary HVAC repairs and replacement at 900 Lafayette Street, known as Commerce Plaza, and 1000 Lafayette Street, known as Peddler’s Plaza properties in the amount of $1,770,760, offset by an increase in rent revenue in the amount of $1,034,300 and an increase to the Beginning Fund Balance in the amount of $736,460; to approve the FY 2023/24 Budget Amendments totaling $99,765,963 in 65 funds as set forth in Attachment 2 of this report; and provide additional cost information for replacement of the lawn bowl facility and building at Central Park.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
6. 23-1408
Action to Adopt a Resolution Approving and Adopting Updated Salary Plans for Various As-Needed, Classified, and Unclassified Positions, Including City Manager, and Approve Various Modifications to Existing Class Specifications
Recommendation:
1. Adopt a Resolution to approve the revised salary plans for various as-needed, classified, and unclassified positions, including the position of City Manager (reflecting a 2% increase with a new annual rate of $413,157.48), to satisfy the requirements of California Code of Regulations Section 570.5, effective December 24, 2023; and
2. Approve revisions to the Electric Utility Electrician, Staff Analyst I and II, Management Analyst, and Executive Assistant class specifications.
Mayor Gillmor read the staff recommendation into the record.
A motion was made by Councilmember Hardy, seconded by
Councilmember Chahal, to adopt Resolution 23-9293 to approve the revised salary plans for various as-needed, classified, and unclassified positions, including the position of City Manager (reflecting a 2% increase with a new annual rate of $413,157.48), to satisfy the requirements of California Code of Regulations Section 570.5, effective December 24, 2023; and to approve revisions to the Electric Utility Electrician, Staff Analyst I and II, Management Analyst, and Executive Assistant class specifications.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
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7. 23-635 Action on Written Petition (Council Policy 030) for Council Consideration on a Policy to Normalize and Make Consistent Speaking at Public Events and Consider a Policy to Include Powers for Councilmembers to Declare Proclamations in their Respective Districts
Recommendation:
Provide direction to staff on any recommendations and refer to Governance and Ethics Committee for further review.
Councilmember Becker provided an explanation of his Council Policy 030 Written Request to consider creating a policy to normalize and make consistent speaking at public events and consider a policy to include powers for Councilmembers to declare proclamations in their respective districts.
Council discussion and questions followed.
Public Comment:
Public Speaker (6)
A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to direct staff to return to a Special Governance and Ethics Commission meeting with proposed
revisions to Council Policy 009 and Council Policy 020 to reflect that the Council are now in districts and Councilmembers represent their district and would like to speak at public events, request proclamations and commendations, signing ceremonial
proclamations by the whole Council, allow district Councilmembers to issue district commendations, and invite all Councilmembers to any event organized at City Hall by City staff.
Aye: Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Nay: Councilmember Watanabe, and Mayor Gillmor2 -
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8. 23-1444 Action 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 recommends that the City Council consider all factors presented in this report and take such action as it deems appropriate.
City Attorney Googins provided introductory remarks.
Councilmember Becker gave a PowerPoint presentation giving the reasons for releasing the full investigation report by Van Dermyden Makus Firm.
Council discussion followed.
Public Comment:
Public Speaker (7)
A motion was made by Councilmember Jain, seconded by
Councilmember Chahal, for the immediate release of the full investigative findings prepared by Van Dermyden Makus Law Firm regarding a complaint of alleged misconduct at the August 30, 2022 Closed Session with no delays or redactions; the only redactions should be for City staff names, and to include the total cost of the investigation and waiving the attorney-client privilege for this investigation.
Aye: Councilmember Watanabe, Councilmember Chahal, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor 6 -
Nay: Councilmember Hardy1 -
Mayor Gillmor called for a meeting recess at 12:41 a.m. and reconvened the meeting at 12:47 a.m.
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PUBLIC PRESENTATIONS
Mayor Gillmor continued Public Presentations and limited speakers to one minute.
The following people spoke under Public Presentations:
Jasper Robledo
Paz Brill
Michele Hittleman
Gilli Yahalom
Noman Husainie
Taly Arbed
Ida Josef
Uron Hakim
Nirit Straus
Nahla Molla
Ottoman Asad
Tal Vaisman
Revital
Cynthia Levinson
Elysa Gurman
Melinda Berlant
Elana Rosenberg
Estee Mizrahi
Rabbi Yigal Rosenberg
Will
Nabilah Deen
Naskele Abdul
Sigal Traister
Bill Kennedy
Sharat Lin
Aylin Sucu Yeter
Salma Mostafa
Sumaya Journati
Gulled Roble
Fadi Suboh Al-Jada
Adam
Daniel Taller
Amad Camaera
Nisar Ali
Jodi
Konstantin Krat
Marwa
Shifa Mella
Peace for all
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Ziv
Fadi Sckak
South Bay JVP
Diana Sherman
Mahmoud
Areen Free Falasteen
Hadley Johanson
Asfia
Monica Sain
Heather
Mohamed
Parker grube
Jodi H
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS There were no reports.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
City Manager/Executive Director Grogan stated there was no report.
A motion was made by Council/Boardmember Hardy, seconded by Council/Boardmember Park, to adjourn the meeting at 1:59 a.m. on December 13, 2023 in memory of Rose Kwalick.
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 -
The next regular scheduled meeting is on Tuesday, January 9, 2024 in the City Hall Council Chambers.
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MEETING DISCLOSURES
Meeting Minutes 12/12/2023
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 [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.
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