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
6:00 PMTuesday, April 9, 2024
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 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].
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
Closed Session - 6:00 PM | Regular Meeting - 7:00 PM
6:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of Quorum
1. 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 24-350
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)
7:00 PM JOINT CITY COUNCIL /STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
Roll Call
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
April 8, 2024 and April 9, 2024
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A Proclamation of Earth Day/Arbor Day 202424-1595
2.B Recognition of 2024 Relay for Life24-1630
2.C Proclamation of April 7-13, 2024 as National Library Week24-255
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
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.]
3.A Action on the March 12, 2024 Joint Council and Stadium Authority Board Special Meeting and March 19, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.
24-329
Approve Minutes of the March 12, 2024 Joint Council
and Stadium Authority Board Special Meeting and
March 19, 2024 Joint Council and Authorities
Concurrent and Stadium Authority Meeting.
.
Recommendation:
3.B Board, Commissions and Committee Minutes24-06
Note and file the Minutes of:
Board of Library Trustees - February 5, 2024
Parks & Recreation Commission - January 16, 2024
Senior Advisory Commission - February 26, 2024
Audit Committee - November 15, 2023
Recommendation:
3.C Action on City Bills and Claims Report for the period February 3, 2024 - March 8, 2024
24-262
Approve the list of Bills and Claims for February 3,
2024 - March 8, 2024.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
3.D Action on Monthly Financial Status and Investment Reports for January 2024 and to Approve the Related Budget Amendments 24-283
1. Note and file the Monthly Financial Status
Report and Monthly Investment Report for
January 2024 as presented; and
2. Approve the following FY 2023/24 Budget
Amendments:
a. Recognize ambulance transport
revenue in the amount of $208,500 and
wildland deployment reimbursements in
the amount of $67,306 in the General
Fund and appropriate to the Fire
Department (five affirmative Council
votes required to appropriate
additional revenue);
b. Implement technical adjustments in the
Convention Center Enterprise Fund to
align with the Management Agreement,
including reallocating $367,851 from the
Indirect Expenses appropriation and
$93,891 from the unrestricted ending
fund balance to the Interfund Services
appropriation for property insurance
costs in the amount of $280,583 and to
the Materials, Services, and Supplies
appropriation for the management
incentive fee in the amount of $181,159
(majority affirmative Council votes
required);
c. Increase the Stationary Standby
Generators Project by $292,800 in the
Public Buildings Capital Fund, offset by
a transfer from the Electric Utility Capital
Fund in the amount of $37,900 that is
funded by a reduction in the Electric
Yard Buildings and Grounds Project and
a transfer from the Water Utility Capital
Fund in the amount of $254,900 that is
funded by a reduction to the Buildings
and Grounds Project (five affirmative
Council votes required to
appropriate additional revenue);
d. Establish the Fire Station Washer and
Dryers Project in the amount of $72,000
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
and the Fire Station 3 Sprinklers Project
in the amount of $66,000 in the Fire
Department Capital Fund, offset by a
decrease to the Diesel Exhaust
Removal Systems Project in the amount
of $138,000 (majority affirmative
Council votes required);
e. Recognize and appropriate Other Fees
for Services in the Fire Development
Services Fund in the amount of
$135,940 for Fire Department overtime
to support development services (five
affirmative Council votes required to
appropriate additional revenue);
f. Recognize and appropriate grant
funding in the Library Operating Grant
Trust Fund in the amount of $10,210 for
the Pacific Library Partnership
California Library Services Act
Distribution of Funds grant (five
affirmative Council votes required to
appropriate additional revenue);
g. Increase the Sanitary Sewer System
Improvements Project in the amount of
$4,450,000 and the S.J.-S.C. Regional
Wastewater Facility Project in the
amount of $20,000 in the Sewer Utility
Capital Fund, offset by a decrease in
the unrestricted ending fund balance in
the amount of $4,470,000 (five
affirmative Council votes required
for the use of unused balances);
h. Transfer $353,000 from the Solid Waste
Fund to the Sanitary Landfill
Development - Post Closure Project in
the Solid Waste Capital Fund to
account for repairs required following
the storms (five affirmative Council
votes required to appropriate
additional revenue); and
i. Increase the Distribution System
Replacement and Restoration Project
by $2,100,000 and the Tank
Rehabilitation Project by $10,000 in the
Water Utility Capital Fund, offset by a
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
decrease to the unrestricted ending fund
balance of $2,110,000 (five affirmative
Council votes required for the use of
unused balances).
3.E Action on Award of Contract for the Bowers Avenue Junction 60 kV Transmission Line Project Contract No. 2457B to Hot Line Construction Inc.
24-266
1. Award the Public Works Contract for the Bowers
Avenue Junction 60 kV Transmission Line Project
Contract No. 2457B to the lowest responsive and
responsible bidder, Hot Line Construction Inc., in
the amount of $505,550, and authorize the City
Manager to execute any and all contracts and other
documents associated with, and necessary for the
award, completion, and acceptance of the Project
in final forms approved by the City Attorney, and
2. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $75,832.50, for a total not to exceed amount of $581,382.50.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
3.F Action on Award of Contract for the Permanent Changeable Message Signs Project to Tennyson Electric, LLC. and Related Budget Amendments
24-136
1. Determine that the proposed actions are exempt
from CEQA pursuant to Section 15301 (Existing
Facilities) of Title 14 of California Code of
Regulations;
2. Award the Public Works Contract for the Permanent
Changeable Message Sign Project, to the lowest
responsive and responsible bidder, Tennyson
Electric, LLC, in the amount of $3,042,385 and
authorize the City Manager to execute any and all
documents associated with and necessary for the
award, completion, and acceptance of this Project,
in a final form approved by the City Attorney;
3. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $456,360, for a total
contract not-to-exceed amount of $3,498,745; and
4. Approve the following FY 2023/24 budget
amendments:
a. In the Streets and Highways Capital Fund,
increase the Other Revenue estimate to
recognize funding from the Stadium
Authority, establish a transfer to the Gas Tax
Fund in the amount of $747,880, and
increase the Changeable Message Signs
project by $252,120 (five affirmative
Council votes required to appropriate
additional revenue);
b. In the Gas Tax Fund recognize a transfer
from the Streets and Highways Capital Fund
and increase the Unrestricted Ending Fund
Balance by $747,880 (five affirmative
Council votes required to appropriate
additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
3.G Action on Award of Contract for the Stender Way Junction Transmission Line Extension Project Contract No. 2448-9668 to Hot Line Construction Inc.
24-267
1. Award the Public Works Contract for the Stender
Way Junction Transmission Line Extension Project
Contract No. 2448-9668 to the lowest responsive
and responsible bidder, Hot Line Construction Inc.,
in the amount of $1,597,659, and authorize the City
Manager to execute any and all contracts and
documents associated with, and necessary for the
award, completion, and acceptance of this Project
in final forms approved by the City Attorney; and
2. Authorize the City Manager to execute change
orders up to approximately 15 percent of the
original contract price, or $239,648.85, for a total
not to exceed amount of $1,837,307.85.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
3.H Action on the Updated Park Master Plan with Preferred Playground Schematic Design for Henry Schmidt Park,
Introduction of an Ordinance to Ensure Compliance with
Measure R, and Related Budget Amendments
24-1519
1. Determine that the proposed actions are exempt
from CEQA pursuant to Section 15301 (Existing
Facilities); Section 15303 (New Construction or
Conversion of Small Structures); Section 15304
(Minor Alterations to Land); and Section 15304
(Replacement of Existing Landscaping with Water
Efficient Landscaping) of Title 14 of California Code
of Regulations;
2. Recommend that Council approve the updated
Henry Schmidt Park master plan with preferred
playground schematic design;
3. Approve the FY 2023/24 budget amendment in the
Parks & Recreation Capital Fund to increase the
Henry Schmidt Playground rehabilitation project
appropriation by $275,000 and decrease the
Mitigation Fee Act fund balance by the same amount
(five affirmative Council votes required for the
use of unused balances); and
4. Waive first reading and introduce an ordinance
authorizing the substantial building, construction,
reconstruction and development of Henry Schmidt
Park in accordance with the Henry Schmidt Park
master plan.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
3.I Action on Amendment No. 2 to the Agreement with Mesa Energy Systems, Inc. for As -Needed HVAC and Chiller Inspection and Maintenance Services for Silicon Valley Power
24-295
1. Determine the proposed actions are exempt from
CEQA pursuant to Sections 15301 (Class 1
-Existing Facilities) and 15302 (Class 2 -
Replacement or Reconstruction) of Title 14 of the
California Code of Regulations;
2. Authorize the City Manager to execute Amendment
No. 2 to the Agreement for Services with Mesa
Energy Systems, Inc., increasing the maximum
compensation by $1,250,000 for a new maximum
compensation of $2,000,000; and
3. Authorize the City Manager or designee to take any
actions as necessary to implement and administer
the Agreement as amended and negotiate and
execute amendments to (a) add or delete services
consistent with the scope of services; (b) adjust
future rates to account for reasonable changes in
labor and materials rates; (c) exercise up to five
one-year option to extend the term of the
Agreement through December 31, 2031; and (d)
increase the maximum compensation by an
additional $2,000,000 for a total maximum
compensation not to exceed $4,000,000 over a
10-year term, subject to the appropriation of funds
and the review and approval as to form by the City
Attorney.
Recommendation:
3.J Action to Approve Modifications to Existing Classified Classification Specifications Represented by the Santa Clara Employees’ Association (Units 5/7/8)
24-225
Approve the removal of the typing certification and/or
words per minute (WPM) requirement as part of the
recruitment testing process for various existing
classified class specifications represented by the
Santa Clara Employees’ Association (Units 5/7/8).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
3.K Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at 2625 Walsh Avenue - 2972 Stender Way 24-328
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 2625 Walsh Avenue to 2972 Stender
Way 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.
Recommendation:
3.L Action on a Resolution Acknowledging Receipt by City Council of a State -Mandated Compliance Report on Required Annual Fire Inspections of Certain Occupancies
24-275
Adopt a Resolution acknowledging receipt of a report
made by the Fire Chief of the Santa Clara Fire
Department regarding the inspection of certain
occupancies requiring annual inspections in such
occupancies pursuant to sections 13146.2 and
13146.3 of the California Health and Safety Code.
Recommendation:
3.M Adopt a Resolution Declaring the Results of the Canvass of Returns of the Consolidated Special Municipal Election held on March 5, 2024 with the Statewide Presidential Primary Election 24-279
Adopt a resolution reciting the fact of the
Consolidated Special Municipal Election held on
March 5, 2024 with the Statewide Presidential
Primary Election, declaring the results, and other
related matters.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
3.N Action on Resolution Establishing the Political Campaign Voluntary Expenditure Limit and Campaign Contribution Limits for the November 5, 2024 Municipal Election; Information on Levine Act (SB1439) Requirements
24-1164
Adopt a Resolution establishing the Political
Campaign Voluntary Expenditure Limit and Campaign
Contribution Limit for the November 5, 2024 General
Municipal Election with:
the voluntary expenditure limit set to $48,290 based
on CPI adjustments for city-wide contests and sets a
separate voluntary expenditure limit for district-based contests not to exceed $26,110 (with future
adjustments based on CPI). City Council sets the
individual campaign contributions based on CPI
adjustments as:
· $660 for candidates who accept the
voluntary expenditure limit
· $320 for candidates who do not accept the
voluntary expenditure limit
Recommendation:
3.O Consideration of the Addition of Names to the City Street Name List including James McNamara, Carla Munoz, Doug Towne, Troy Buzzell, Dave Euerle, Lance Michaelis, and William Kelly. 24-244
Approve the addition of seven names to the City
Street Name List, as follows: James McNamara,
Carla Munoz, Doug Towne, Troy Buzzell, Dave Euerle,
Lance Michaelis, and William Kelly
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
3.P Action to Approve Adoption of an Ordinance Readopting the Expired Sidewalk Vendor Stadium Pilot Program with a New Sunset Date and Slightly Expanded Footprint
24-338
1. Waive Second Reading and Adopt Ordinance
No. 2067 amending Chapter 5.05 (“Solicitors
and Peddlers”) of the Santa Clara City Code to
readopt the Street Vending Stadium Pilot
Program to run through February 28, 2025, and
modifying Section 5.05.430 (“Time, Place or
Manner Restrictions”) to include Old Glory Lane
west of Great America Parkway.
2. Authorize City Manager to waive fees and
taxes for all required City business licenses
and permits, for qualified sidewalk vendors
operating at stadium events through the new
sunset date on a first come first served basis in
an amount not to exceed $30,000, less
fees/taxes previously waived.
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
4.A Action on Stadium Authority Bills and Claims for the Month of January 2024
24-301
Approve the list of Stadium Authority Bills and Claims
for January 2024.
Recommendation:
4.B Action on Stadium Manager ’s Request to Approve an
Amendment No. 3 to the Agreement with Bear Electrical
Solutions, Inc. to Extend the Term and Increase Rates for Electrical Maintenance and Repair Services at Levi’s Stadium 24-333
Approve the Stadium Manager’s request to execute
an Amendment No. 3 to the Agreement with Bear
Electrical Services, Inc. to extend the term for one year beginning May 5, 2024 to May 4, 2025 with an option
to extend for one additional year, in an amount not to
exceed $350,000 for the fourth contract year and a
total not to exceed amount of $1,770,000 over the four
year term, subject to budget appropriations.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
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
5. Study Session - Americans with Disabilities Act Self -Evaluation and Transition Plan
24-73
Note and file Study Session Report and provide any
feedback on the draft Americans with Disabilities Act
Self-Evaluation and Transition Plan.
Recommendation:
6. Study Session on the Fiscal Year 2024/25 Municipal Fee Schedule
24-100
Review and Provide Input on the Proposed Fiscal
Year 2024/25 Municipal Fee Schedule.
Recommendation:
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, April 23, 2024 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda April 9, 2024
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.