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
5:30 PMTuesday, May 28, 2024
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
Revised Agenda:
Added Item 2.B to Special Order of Business.
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].
Closed Session - 5:30 PM | Regular Meeting - 7:00 PM
5:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of Quorum
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
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):
Unit #9 Unclassified Miscellaneous Management
24-430
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 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
May 20, 2024 and May 28, 2024
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A Recognition of Santa Clara High School Student Athletes24-330
2.B Recognition of Wilcox High School Robotics Team24-586
2.C Recognition of the Recipients of the Second Annual Silicon Valley Power Sustainable Futures Scholarship Program in Partnership with Santa Clara University
24-440
2.D Proclamation of May 2024 as Historic Preservation Month24-446
2.E Proclamation of May as Affordable Housing Month and Recognition of the Freebird Development Company for the successful Completion of the Monroe Commons Affordable
Housing Development
24-488
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 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 Board, Commissions and Committee Minutes24-09
Note and file the Minutes of:
Historical and Landmarks Commission - February 1,
2024
Historical and Landmarks Commission - April 4, 2024
Cultural Commission - April 1, 2024
Board of Library Trustees - April 1, 2024
Youth Commission - March 12, 2024
Civil Service Commission - February 8, 2024
Recommendation:
3.B Actions authorizing the County of Santa Clara to allocate up to $409,950 of the City’s 2020 Permanent Local Housing
Allocation (PLHA) Funds to rehabilitate and preserve the Belovida Santa Clara Senior Apartments located at 1820 Main Street.
24-460
1. Direct the County of Santa Clara (PLHA fund
administrator) to allocate up to $409,950 from the City’s 2020 Permanent Local Housing Allocation (PLHA) , which
includes the reallocation of $8,000 from a PLHA
homelessness activity to a PLHA rehabilitation activity to help fund repairs at the Belovida Santa Clara Senior
Apartments as part of a long-term repositioning of the
project. This funding commitment shall be contingent
upon National Environmental Policy Act (NEPA)
clearance from HUD, if required.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
3.C Action on Award of Purchase Order to Canon Solutions America, Inc. for Citywide Leases and Maintenance Services for Copier/Multi-Function Devices (MFDs)
24-99
1. Authorize the City Manager to execute a Purchase
Order with Canon Solutions America Inc. for
Citywide Leases and Maintenance Services for
Copier/Multi-Function Devices under the Master
Agreement with lead public agency University of
California through OMNIA Partners for an initial
five-year term through June 30, 2029, with
maximum compensation not-to-exceed $1,110,000
subject to the appropriation of funds and in a final
form approved by the City Attorney;
2. Authorize the City Manager to execute change
orders for a not-to-exceed contingency amount of
$166,500 in the event additional equipment is
required and/or usage increases during the initial
term, subject to appropriation of funds and in a final
form approved by the City Attorney; and
3. Authorize the City Manager to execute up to five
one-year options to extend the purchase order after
the initial term through June 30, 2034, pursuant to
the terms of the cooperative solicitation, subject to
the appropriation of funds, and in a final form
approved by the City Attorney.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
3.D Action to Authorize the City Manager to Negotiate and Execute Agreements and /or Amendments to Existing Agreements as Required to Complete Emergency Transformer Replacement at Juliette Substation and Approve Related Budget Amendment 24-522
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 negotiate and
execute agreements and/or amendments to
existing agreements to complete the transformer
replacements at Juliette Substation with a
maximum compensation of $15,000,000, subject to
approval as to form by the City Attorney;
3. Authorize the City Manager to take any actions as
necessary to implement and administer the
agreements and to negotiate and execute
amendments as needed to complete the Juliette
Substation transformer replacements, subject to the
total maximum authorization of $15,000,000 and
review and approval as to form by the City Attorney;
4. Approve the following FY 2023/24 budget
amendments:
A. In the Electric Utility Fund, increase the transfer
to the Electric Utility Capital Fund and decrease
the Unrestricted Ending Fund Balance in the
amount of $15.0 million (five affirmative
Council votes required for the use of
unused balances); and
B. In the Electric Utility Capital Fund, recognize a
transfer from the Electric Utility Fund and
increase the Juliette Substation Transformer
Rerate and Installation Project in the amount of
$15.0 million (five affirmative Council votes
required to appropriate additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
3.E Action on an Agreement for Services with CRMOrbit, Inc. dba energyOrbit for a Rebate Processing System for Silicon Valley Power
24-38
1. Authorize the City Manager to execute the
proposed Agreement for Services (Agreement)
with CRMOrbit, Inc. dba energyOrbit for a Rebate
Processing System for a three-year term beginning
on or around June 1, 2024, with a maximum
compensation not to exceed $350,000, subject to
the annual appropriation of funds funded by Silicon
Valley Power’s Public Benefit’s Program in the
Electric Operating Grant Trust Fund; and
2. Authorize the City Manager to take any actions as
necessary to implement and administer the
Agreement and to negotiate and execute
amendments to the Agreement to (a) increase the
maximum compensation by up to an additional
$100,000 for a total maximum compensation not to
exceed $450,000 in the event that SVP requires
additional training, licenses, or features, and (b)
exercise options to extend the term to align with the
term of the Agreement with the lead agency,
Turlock Irrigation District, subject to the
appropriation of funds and review and approval as
to form by the City Attorney.
Recommendation:
3.F Action on an Agreement with Kimley -Horn and Associates, Inc . for Professional Services for the Santa Clara Vision Zero Plan 24-222
1. Authorize the City Manager to negotiate and
execute an agreement with Kimley-Horn and
Associates, Inc. (Agreement) to provide
professional services for the Santa Clara Vision
Zero Plan project with a maximum compensation
not-to-exceed $556,536 over a two-year term, in a
final form approved by the City Attorney; and
2. Authorize the City Manager to take any actions
necessary to implement and administer the
Agreement and negotiate and execute
amendments to the Agreement to extend the term
and modify the scope of services, in final forms
approved by the City Attorney.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
3.G Action to Authorize the City Manager to Negotiate and Execute Agreements and /or Amendments to Existing Agreements as Required to Complete Unanticipated Internal Inspection and Re-rate Engineering Study for Transformer Upgrades at the Kifer Receiving Station (KRS) and Scott Receiving Station (SRS) and Approve Related Budget Amendment
24-521
1. Subject to compliance with Chapter 2.105 of the
City Code, as applicable, and review and approval
as to form by City Attorney, authorize the City
Manager to negotiate and execute new agreements
and/or amendments to existing agreements with
various vendors to complete unanticipated internal
inspections, and re-rate engineering studies, at the
Kifer Receiving Station (KRS) and Scott Receiving
Station (SRS) with a total aggregate authorization
not to exceed $500,000;
2. Authorize the City Manager or designee to take any
actions as necessary to implement and administer
the agreements and to negotiate and execute
further amendments to the agreements as needed
to complete inspections and studies at KRS and
SRS, subject to the maximum authorization of
$500,000 and approval as to form by the City
Attorney; and
3. Approve the following FY 2023/24 budget
amendments:
A. In the Electric Utility Fund, increase the transfer
to the Electric Utility Capital Fund and decrease
the Unrestricted Ending Fund Balance in the
amount of $500,000 (five affirmative Council
votes required for the use of unused
balances); and
B. In the Electric Utility Capital Fund, recognize a
transfer from the Electric Utility Fund in the
amount of $500,000, increase the KRS Rebuild
and Replacement project (CIP 2453) by
$250,000, and increase the SRS Rebuild and
Replacement project (CIP 2456) by $250,000
(five affirmative Council votes required to
appropriate additional revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
3.H Action Authorizing the City Manager to Negotiate and Execute Agreement(s) with Vendor (s) for the Purchase of High Voltage Disconnect Switches, Station Service Voltage Transformers, Voltage Transformers and Capacitive Voltage Transformers, and Combination Revenue Metering Transformers to be Funded by the Electric Utility Capital Fund
24-453
1. Subject to compliance with Chapter 2.105 of the
City Code, review and approval as to form by the
City Attorney, and appropriation of funds, authorize
the City Manager or designee to negotiate and
execute agreement(s) or purchase order(s) with
vendors for the four purchases listed below,
subject to a total maximum aggregate
compensation amount of $17,400,000 plus a
fifteen percent (15%) contingency ($2,610,000) for
a total not to exceed amount of $20,100,000, as
follows:
(a) High Voltage Disconnect Switches for an
approximately three-year agreement term and
a two-year warranty period;
(b) Station Service Voltage Transformers for an
approximately three-year agreement term and
a two-year warranty period;
(c) Voltage Transformers and Capacitive Voltage
Transformers for an approximately three-year
agreement term and a two-year warranty
period;
(d) Combination Revenue Metering Transformers
for an approximately three-year agreement
term and a two-year warranty period; and
2. Authorize the City Manager or designee to (a) take
any actions as necessary to implement and
administer the agreement(s) and/or purchase
orders, and (b) negotiate and execute
amendments to the agreement(s) and/or purchase
order(s) for (i) design changes, (ii) any
unanticipated issues, (iii) extensions of the term, or
(iv) the purchase of additional High Voltage
Disconnect Switches, Station Service Voltage
Transformers, Voltage Transformers and
Capacitive Voltage Transformers, and
Combination Revenue Metering Transformer, up to
the $20,100,000 amount and subject to the review
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
and approval as to form by the City Attorney.
3.I Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at 6001 America Center Drive - 3080 Raymond Street
24-384
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 6001 America Center Drive to 3080
Raymond Street are better performed by the City
with its own employees based on the information
set forth in this Report to Council and authorize the
performance of this public work consistent with this
authorization.
Recommendation:
3.J Action on Recommendations from Governance and Ethics Committee to Amend Council Policy 046 entitled “Mayor and Council Public Records Policy” and Amend Email Retention from 90 days to two years for City Councilmembers
24-427
Adopt a Resolution approving the recommendations
from the Governance and Ethics Committee to Amend
Council Policy 046 entitled “Mayor and Council Public
Records Policy” to include amending email retention
from 90 days to two years.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
3.K Action on Authorizing the Use of City Electric Forces for Public Works Projects at Various Locations
24-436
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
projects proposed at 2865 Uranium Drive, 2991
Jerald Avenue, 2310 Calle Del Mundo, 3193
Cabrillo Avenue, 3345 Cabrillo Avenue, 3061
Monroe Street, 1821 Bowers Avenue, and 1962
Lafayette Street are better performed by the City
with its own employees based on the information
set forth in this Report to Council and authorize the
performance of these public works by City electric
utility forces consistent with this authorization.
Recommendation:
3.L Action on Appointing a City of Santa Clara Bicycle and Pedestrian Advisory Committee Member to Serve as the City's Representative on the Santa Clara Valley Transportation Authority Bicycle Pedestrian Advisory Committee
24-231
Appoint the City of Santa Clara Bicycle and
Pedestrian Advisory Committee member Betsy
Megas to serve as the City’s representative on the
Santa Clara Valley Transportation Authority Bicycle
and Pedestrian Advisory Committee.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
3.M Action to Approve Revisions to the Existing Staff Analyst I Class Specification; Approve a New Senior Counsel for Silicon Valley Power Class Specification; Approve a Resolution Adopting the Amended Unclassified Salary Plan
24-487
1. Approve revisions to the existing Staff Analyst I
(Job Code 796) class specification to clarify
the acceptable level of educational units for the
position;
2. Approve the creation of the Senior Counsel for
Silicon Valley Power (Job Code 179) class
specification; And
3. Approve the Resolution Adopting the Amended
Unclassified Salary Plan to reflect the new
Senior Counsel for Silicon Valley Power
position.
Recommendation:
SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR
4.A Informational Report on Stadium Authority and Stadium Manager Meetings for the Period of January 1 to March 31, 2024
24-364
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and
corresponding summaries for the period of January 1
to March 31, 2024.
Recommendation:
4.B Action on Amendment No. 1 to the Agreement with KPMG LLP for Auditing and Consulting Services for the Santa Clara Stadium Authority
24-401
Authorize the Executive Director or designee to
execute an Amendment No. 1 to the Agreement with
KPMG LLP for audit and consulting services to
increase the compensation by $100,000 from
$754,554 to $854,554 in a final form approved by the
City Attorney.
Recommendation:
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS (COUNCIL/STADIUM AUTHORITY BOARD)
5. Public Hearing: Action on Resolutions Approving Water, Sewer and Recycled Water Amended Rates to be Effective July 1, 2024
24-201
Alternative 1: Adopt the Proposed Resolutions
Establishing Water Rate Schedule 2024-01, Recycled
Water Rate Schedule 2024-02 and Sewer Rate
Schedule S-24
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
6. Action on Amendment No. 2 to the Ground Lease, and
Amendment No. 1 to the Restated and Amended Stadium
Lease, to Implement the Settlement Agreement and Mutual Release (Buffet and Public Safety Cost Arbitration) with Forty Niners SC Stadium Company LLC and Forty Niners Stadium
Management Company LLC, and Approve Related Budget
Amendments
24-578
1. Authorize the City Manager, on behalf of the
City, and the Executive Director, on behalf of
the Stadium Authority, to execute a First
Amendment to the Ground Lease with the
Santa Clara Stadium Authority to in
substantially the form presented, in final forms
approved by Agency Counsel/City Attorney.
2. Authorize the Executive Director to execute a
First Amendment to the Amended and
Restated Stadium Lease Agreement with Forty
Niners SC Stadium Company, LLC to in
substantially the forms presented, in final forms
approved by Agency Counsel/City Attorney.
3. Authorize the City Manager, on behalf of the
City, and Executive Director, on behalf of
Stadium Authority, to negotiate and execute
modifications to such other agreements as
may be necessary to implement the terms of
the Settlement Agreement, in final forms
approved by Agency Counsel/City Attorney.
4. Approve the following FY 2024/25 net budget
amendments in the Santa Clara Stadium
Authority Operating Budget:
a. Increase the revenue estimate and
corresponding payment to the City for
Senior and Youth fees by $35,000, and
b. Increase the Performance-Based Rent
expense to the City by $9,600,000,
increase the Public Safety Cost
expense by $6,473,000, increase the
transfer to the City’s General Fund by
$3,073,000, increase the SBL
Complementary Buffet expense by
$900,000, offset by the elimination of
Legal Contingency Reserves in the
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
amount of $14,747,526 and a decrease
to the Renovation/Demolition Reserve
by $5,298,474.
7. Action on an Initial Grant Funding Agreement with Forty Niners SC Stadium Company LLC to Provide $ 200,000 Annually in Grant Funding for an Initial Three Years to the Santa Clara Community and Santa Clara Organizations and Approve the Related Budget Amendments
24-549
1. Authorize the City Manager to enter into an
Initial Grant Funding Agreement with Forty
Niners SC Stadium Company LLC (StadCo) to
provide for 1) the distribution of $200,000
annually over three years (Years 1-3) to
non-profit organizations and community
projects serving the Santa Clara community, as
further described in the report and agreement,
and 2) a process to develop a program, to be
formalized through subsequent funding
agreement(s) with StadCo, for the remaining
grant distribution, in the amount of $200,000
annually for the subsequent years during
StadCo’s 20-year commitment term, in a final
form approved by the City Attorney; and
2. Approve the FY 2023/24 budget amendments
in the General Fund to recognize other revenue
in the amount of $200,000 and increase the
Non-Departmental Community Grants Program
allocation in the amount of $200,000 (five
affirmative Council votes required to
appropriate additional revenue).
Recommendation:
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030
REQUESTS
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
8. Update on the George F. Haines International Swim Center (ISC)
24-579
It is recommended that the City Council:
1. Note and file the report.
Recommendation:
ADJOURNMENT
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 2024
The next regular scheduled meeting is on Tuesday, June 4, 2024 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda May 28, 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)
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