City of Santa Clara
Meeting Minutes
City Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
06/04/2024
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
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].
06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
Study Session - 5:00 PM | Regular Meeting - 7:00 PM
5:00 PM STUDY SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the Study Session to order at 5:05 PM.
Confirmation of Quorum
Assistant City Clerk Pimentel confirmed a quorum.
1.A 24-179 Presentation of Second Voter Research Survey Results for a Possible November 2024 Ballot Measure to Fund Public Infrastructure and Request for Council Input
Recommendation:
Review and provide input on potential revenue measure to be placed on the November 2024 Ballot.
City Manager Grogan kicked off the study session and made some opening remarks.
Ben Tulchin (Tulchin Research) gave a Powerpoint Presentation on the second voter research survey results for a possible November 2024 ballot measure to fund public infrastructure and request for Council input.
City Manager Grogan continued the presentation.
Council questions followed.
City Manager Grogan and Director of Finance Lee addressed Council questions and concerns.
Council questions followed.
City Manager Grogan addressed Council questions and concerns.
Public Comment: Vikas Gupta
Julie Corrigan
Debbie Tryforos
Kirk Vartan
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1.B 24-321 Study Session: Review of the Proposed FY 2024/25 & FY 2025/26 Biennial Capital Improvement Program Budget and FY 2024/25 Operating Budget Amendments
Recommendation:
Review and provide input on the Proposed FY 2024/25 & FY 2025/26 Biennial Capital Improvement Program Budget and FY 2024/25 Operating Budget Amendments.
City Manager Grogan introduced the item and made some opening remarks.
Director of Finance Lee gave a Powerpoint Presentation on the review of the proposed FY 2024/25 and FY 2025/26 Biennial Capital Improvement Program Budget and FY 2024/25 Operating Budget Changes.
Council questions followed.
City Manager Grogan and Director of Finance Lee addressed Council questions.
Public Comment: Vikas Gupta
Jan Hintermeister
Council comments continued.
Vice Mayor Becker requested staff to return at the next meeting with the funding costs for the lawn bowling facility as well as funding on the rainbow crosswalks.
Mayor Gillmor called a recess at 6:50 PM and reconvened the meeting at 7:07 PM.
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 7:08 PM.
Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.
Council/Boardmember Park recited the Statement of Values.
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Roll Call
Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Board
member Kevin Park, Council/Boardmember Suds
Jain, Vice Mayor/Chair
Anthony Becker, and Mayor/Chair Lisa M. Gillmor
Present: 6 -
Absent: 1 - Council /Boardmember Karen Hardy
A motion was made by Council/Boardmember Chahal, seconded by Vice Mayor/Chair Becker, to excuse Council/Boardmember Hardy from the meeting.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Park, Council/Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor
6 -
Absent: 1 - Council /Boardmember Hardy
24-613 Post Meeting Material
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 the Public Meeting will need to identify themselves and who they represent.
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
None.
Mayor Gillmor noted that she will be moving up Special Order of Business before Countinuance/Exceptions/Reconsiderations.
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3.A 24-131
3.B 24-132
Proclamation of June 2024 as Pride Month in the City of Santa Clara Mayor Gillmor, on behalf of the Council, proclaimed June 2024 as Pride Month in the City of Santa Clara and encouraged residents to attend in-person Pride Flag Raising at City Hall on Friday, June 7, 2024 at 12pm.
Chris Harris (Director, Office for Multicultural Learning, Campus Climate & Belonging) made comments.
Council comments followed.
Proclamation of June 19, 2024 as Juneteenth in the City of Santa Clara Mayor Gillmor, on behalf of the Council, proclaimed June 19, 2024 as Juneteenth in the City of Santa Clara.
Winston Ashby [Executive Director of Positive Alternative Recreation Teambuilding Impact (P.A.RT.I.) program] made comments.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
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2.A 24-508 Reconsideration of the Council Actions Taken at the April 23, 2024 City Council Meeting Regarding Proposed FY 2024/25 Fees for Non-Profit Youth Sports Field Use in Accordance with Council Policy 42 Recommendation:
It is recommended that the City Council confirm Council action taken on April 23, 2024 regarding the field use fees for non-profit youth sports groups to maintain fees at the rates presented and as shown in Attachment 1 for FY 2024/25.
City Manager Grogan made opening remarks.
Director of Finance Lee and Acting Director of Parks and Recreation Bojorquez gave a Powerpoint Presentation on the reconsideration of the Council actions taken at the April 23, 2024 City Council meeting regarding proposed FY2024/25 Fees for non-profit youth sports field use in accordance with Council Policy 42.
Council questions followed.
Acting Director of Parks and Recreation Bojorquez addressed Council questions and concerns.
Public Comment: Tarci
Anthony Pascoal
Public Speaker (2)
Mike Walke
Burt Fields
Heidi Stewart
Linda Pascoal
Richard Fitting
Council comments and questions followed.
Acting Director of Parks and Recreation Bojorquez and City Manager Grogan addressed Council questions and concerns.
A motion was made by Councilmember Chahal, seconded by
Councilmember Watanabe, to waive all the fees for the non-profit youth sports field usage.
Vice Mayor Becker requested a friendly amendment to waive all fees effective August 1, 2024.
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Councilmember Chahal accepted the friendly amendment.
Council comments and questions followed.
Councilmember Park made a friendly amendment to waive the fees for the Fall Quarter and direct staff to return with analysis after stakeholder s meeting.
Councilmember Chahal accepted the friendly amendment,
Councilmember Watanabe declined the friendly amendment.
Councilmember Chahal withdrew his original motion and made a new motion to waive all Fall non-profit youth field usage fees and direct staff to return with analysis after stakeholders meeting. Councilmember Jain seconded the motion.
City Manager Grogan and City Attorney Googins addressed Council comments.
Council discussion ensued.
A motion was made by Councilmember Chahal, seconded by
Councilmember Jain, to waive all Fall non-profit youth field usage fees and directed staff to return with analysis after stakeholders meeting.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
Mayor Gillmor called for a recess at 9:20 PM and reconvened the meeting at 9:28 PM.
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2.B 24-593 Continuance of an Environmental Impact Report, General Plan Amendment Redesignation from High Intensity Office / Research and Development (R&D) to Light Industrial, Use Permit, and Architectural Review to Allow the Construction of a New Four-Story, 244,068 Square Foot Data Center with a Substation at 2805 Bowers Avenue
Recommendation:
That the City Council approve the continuance request to a date uncertain.
A motion was made by Councilmember Jain, seconded by
Councilmember Chahal, to approve the continuance request to a date uncertain.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
CONSENT CALENDAR
Councilmember Chahal recused himself from Item 4.L due to his property being within 500 ft. of some of the subject item.
Assistant City Clerk Pimentel noted that for Item 4.A, the Planning Commission Meeting Minutes had a typo on Page 5 of the minutes and the corrected minutes have been posted as supplemental materials.
City Manager Grogan noted that there was a typo in recommendation 1 for Item 4.P - the actual effective date is 12-24-23.
A motion was made by Vice Mayor/Chair Becker, seconded by Council/ Board
member Chahal, to approve the Consent Calendar.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Park, Council/Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor
6 -
Excused: 1 - Council /Boardmember Hardy
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4.A 24-10 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Planning Commission Meeting - June 14, 2023
Planning Commission Meeting - March 6, 2024
Planning Commission Special Meeting - April 17, 2024
Parks & Recreation Commission - April 16, 2024
Assistant City Clerk Pimentel noted that for Item 4.A, the Planning Commission Meeting Minutes had a typo on Page 5 of the minutes and the corrected minutes have been posted as supplemental materials.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to note and file the Minutes of: Planning Commission Meeting - June 14, 2023, Planning Commission Meeting - March 6, 2024, Planning Commission Special Meeting - April 17, 2024, and Parks & Recreation Commission - April 16, 2024.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
4.B 24-468
Action on City Bills and Claims Report for the period April 6, 2024 - May 3, 2024
Recommendation:
Approve the list of Bills and Claims for April 6, 2024 - May 3, 2024.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to approve the list of Bills and Claims for April 6, 2024 - May 3, 2024.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
4.C 24-369
Action on the Santa Clara Convention Center FY 2023/24 3rd Quarter Financial Status Report
Recommendation:
Note and file the Santa Clara Convention Center Financial Status Report for the 3rd Quarter ending March 31, 2024, as submitted by OVG.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to note and file the Santa Clara Convention Center Financial Status Report for the 3rd Quarter ending March 31, 2024, as submitted by OVG.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
4.D 24-123 Action on Purchase Orders with Motorola Solutions, Inc. for New Public Safety Communication System Radios, Related System Components, and Associated Accessories
Recommendation:
Authorize the City Manager, or designee, to issue purchase orders to Motorola Solutions, Inc. for the purchase of new public safety communication system radios, related system components, and associated accessories and services under the terms and conditions of the June 2020 Communications Equipment and Services Agreement between Motorola and Silicon Valley Regional Interoperability Authority, with a total cumulative maximum compensation of $6,058,983.16 plus a ten percent (10%) contingency ($605,898.32) for a total not to exceed amount of $6,664,881.48 inclusive of applicable taxes over a seven-year period from the date of the initial purchase, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to authorize the City Manager, or designee, to issue purchase orders to Motorola Solutions, Inc. for the purchase of new public safety communication system radios, related system components, and associated accessories and services under the terms and conditions of the June 2020 Communications Equipment and Services Agreement between Motorola and Silicon Valley Regional Interoperability Authority, with a total cumulative maximum compensation of $6,058,983.16 plus a ten percent (10%) contingency ($605,898.32) for a total not to exceed amount of $6,664,881.48 inclusive of applicable taxes over a seven-year period from the date of the initial purchase, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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4.E 24-1511 Action on Award of Agreement to Tucker Construction, Inc. for Encampment Cleanup Services
Recommendation: 1. Determine the proposed actions are exempt from CEQA pursuant to Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15321 (Enforcement Actions by Regulatory Agencies) of Title 14 of California Code of Regulations;
2. Authorize the City Manager to execute an agreement with Tucker Construction, Inc. for homeless encampment cleanup services for an initial one-year term starting on or around July 1, 2024 and ending on or around June 30, 2025, with a not-to-exceed maximum compensation of $110,000, in a final form approved by the City Attorney; and
3. Authorize the City Manager to exercise up to four one-year options to extend the term of the agreement through June 31, 2029 and to approve annual reasonable market price adjustments, subject to the appropriation of funds, in a final form approved by the City Attorney.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) determine the proposed actions are exempt from CEQA pursuant to Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15321 (Enforcement Actions by Regulatory Agencies) of Title 14 of California Code of Regulations; (2) authorize the City Manager to execute an agreement with Tucker Construction, Inc. for homeless
encampment cleanup services for an initial one-year term starting on or around July 1, 2024 and ending on or around June 30, 2025, with a not-to-exceed maximum compensation of $110,000, in a final form approved by the City Attorney; and (3) Authorize the City Manager to exercise up to four one-year options to extend the term of the agreement through June 31, 2029 and to approve annual reasonable market price adjustments, subject to the appropriation of funds, in a final form approved by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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4.F 24-291 Action on an Agreement with the Santa Clara Valley Transportation Authority for 2016 Measure B Funding of the Bowers Avenue Class IV Bikeway Study and Related Budget Amendment
Recommendation:
1. Approve and authorize the City Manager to execute the funding agreement between the City of Santa Clara and Santa Clara Valley Transportation Authority for the Bowers Avenue Class IV Bikeway Study in final form approved by the City Attorney; and
2. Approve a FY 2023/24 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies revenue estimate in the amount of $154,000 to recognize Measure B grant funding, decrease the Pedestrian and Bicycle Enhancement Facilities Project in the amount of $146,000, and establish an appropriation for the new Project - Bowers Avenue Class IV Bikeway Study in the amount of $300,000 (five affirmative Council votes required to appropriate additional revenue).
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute the funding agreement between the City of Santa Clara and Santa Clara Valley Transportation Authority for the Bowers Avenue Class IV Bikeway Study in final form approved by the City Attorney; and (2) approve a FY 2023/24 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies revenue estimate in the amount of $154,000 to recognize Measure B grant funding, decrease the Pedestrian and Bicycle Enhancement Facilities Project in the amount of $146,000, and establish an appropriation for the new Project - Bowers Avenue Class IV Bikeway Study in the amount of $300,000.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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4.G 24-311 Action on an Agreement with CSG Consultants, Inc. for Design Professional Services for Annual Street Pavement Maintenance and Rehabilitation Projects (2025-2027 Projects)
Recommendation:
1. Approve and authorize the City Manager to execute an agreement with CSG Consultants, Inc. for Design Professional Services for the Annual Street Pavement Maintenance and Rehabilitation Projects (2025-2027 Projects) for an initial term ending December 31, 2027 in the amount not-to-exceed $805,373 for services required for annual street pavement maintenance and rehabilitation projects to be constructed in 2025, in a final form approved by the City Attorney;
2. Approve and authorize the City Manager to execute up to two extension options to extend the term and increase the compensation amount of the agreement to provide services for future 2026 and 2027 annual street pavement maintenance and rehabilitation construction contracts, up to a maximum term limit ending December 31, 2029 and up to a total maximum not-to-exceed compensation limit in the amount of $7,000,000, inclusive of the initial term and all extension options, if exercised, subject to budget appropriations;
3. Approve and authorize the City Manager to amend the agreement to add, remove, or modify services and compensation amounts, including adjusting services and compensation amounts between the initial term and extension options or other actions as necessary to provide design services for 2025, 2026, and 2027 annual street pavement maintenance and rehabilitation projects, subject to the maximum term and compensation limits, budget appropriations, and approval as to form by the City Attorney; and
4. Authorize the City Manager to make minor modifications, including time extensions, to the agreement, if needed.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute an agreement with CSG Consultants, Inc. for Design Professional Services for the Annual Street Pavement Maintenance and Rehabilitation Projects (2025-2027 Projects) for an initial term ending December 31, 2027 in the amount not-to-exceed $805,373 for services required for annual street pavement maintenance and rehabilitation projects to be constructed in 2025, in a final form approved by the City Attorney; (2) approve and authorize the City Manager to execute up to two extension options to extend the term and increase the compensation amount of the agreement to provide services for future 2026 and 2027 annual street pavement maintenance and rehabilitation construction contracts, up to a maximum term limit ending December 31, 2029 and up to a total
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maximum not-to-exceed compensation limit in the amount of $7,000,000, inclusive of the initial term and all extension options, if exercised, subject to budget appropriations; (3) approve and authorize the City Manager to amend the agreement to add, remove, or modify services and compensation amounts, including adjusting services and compensation amounts between the initial term and extension options or other actions as necessary to provide design services for 2025, 2026, and 2027 annual street pavement maintenance and rehabilitation projects, subject to the maximum term and compensation limits, budget appropriations, and approval as to form by the City Attorney; and (4) authorize the City Manager to make minor modifications, including time extensions, to the agreement, if needed.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
4.H 24-340 Action on an Agreement for Design Professional Services with BKF Engineers for the Anna Drive Neighborhood Flood Protection Project Recommendation:
1. Approve and authorize the City Manager to execute an Agreement for Design Professional Services with BKF Engineers for the Anna Drive Neighborhood Flood Protection Project in the not-to-exceed amount of $586,003, in a final form approved by the City Attorney; and
2. Authorize the City Manager to make minor modifications to the Agreement including term extensions, if needed, in a final form approved by the City Attorney.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute an Agreement for Design Professional Services with BKF Engineers for the Anna Drive Neighborhood Flood Protection Project in the not-to-exceed amount of $586,003, in a final form approved by the City Attorney; and (2) authorize the City Manager to make minor modifications to the Agreement including term extensions, if needed, in a final form approved by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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4.I 24-352 Action on Agreements with the County of Santa Clara for the Countywide AB 939 Implementation Fee and Countywide Household Hazardous Waste Collection Program
Recommendation:
1. Approve and Authorize the City Manager to execute the Agreement for Countywide AB 939 Implementation Fee to collect and distribute the AB 939 Implementation Fee over the three-year term of the agreement, in a final form approved by the City Attorney;
2. Approve and authorize the City Manager to execute the Agreement for Countywide Household Hazardous Waste Collection Program with the County of Santa Clara to enable residents to participate in the Countywide Household Hazardous Waste Collection Program for a three-year term, in a final form approved by the City Attorney;
3. Authorize the City Manager to execute future amendments to the Agreement for Countywide Household Hazardous Collection Program with the County of Santa Clara to adjust the annual augmentation over the baseline 4 percent participation level, in final forms approved by the City Attorney; and
4. Authorize the City Manager to execute future license agreements with the County of Santa Clara that enable drop-off events to be conducted on the Public Works Corporation Yard premises, in final forms approved by the City Attorney.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute the Agreement for Countywide AB 939
Implementation Fee to collect and distribute the AB 939 Implementation Fee over the three-year term of the agreement, in a final form approved by the City Attorney; (2) approve and authorize the City Manager to execute the Agreement for Countywide Household Hazardous Waste Collection Program with the County of Santa Clara to enable residents to participate in the Countywide Household Hazardous Waste Collection Program for a three-year term, in a final form approved by the City Attorney; (3) authorize the City Manager to execute future amendments to the Agreement for Countywide Household Hazardous Collection Program with the County of Santa Clara to adjust the annual augmentation over the baseline 4 percent participation level, in final forms approved by the City Attorney; and (4) authorize the City Manager to execute future license agreements with the County of Santa Clara that enable drop- off events to be conducted on the Public Works Corporation Yard premises, in final forms approved by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: 1 - Councilmember Hardy
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4.J 24-530 Action to Authorize the City Manager to Negotiate and Execute Amendments to Agreements for Environmental Health and Safety Consulting and Training Services with Electrical Safety Consultants, Inc., doing business as ESCI, Inc., and BSI America Professional Services, Inc. to Extend the Term, Increase Maximum Compensation, and Add Additional Services for Silicon Valley Power Recommendation: 1. Authorize the City Manager to negotiate and execute amendments to the agreements with Electrical Safety Consultants, Inc., doing business as ESCI, Inc. and BSI America Professional Services, Inc. (BSI), to increase the aggregate maximum compensation by $900,000 for a new aggregate maximum compensation of $2,000,000, subject to the review and approval as to form by the City Attorney; and
2. Authorize the City Manager or designee to take any actions as necessary to implement and administer the agreements 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 options to extend the term of the agreements for up to five years in any increment through January 31, 2032; and (d) increase the maximum compensation for an additional $1,000,000 for a total aggregate maximum compensation not to exceed $3,000,000 over a ten-year period for both agreements, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
A motion was made be Vice Mayor Becker, seconded by Councilmember Chahal, to (1) authorize the City Manager to negotiate and execute amendments to the agreements with Electrical Safety Consultants, Inc., doing business as ESCI, Inc. and BSI America Professional Services, Inc. (BSI), to increase the aggregate maximum compensation by $900,000 for a new aggregate maximum compensation of $2,000,000, subject to the review and approval as to form by the City Attorney; and (2) authorize the City Manager or designee to take any actions as necessary to implement and administer the agreements 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 options to
extend the term of the agreements for up to five years
in any increment through January 31, 2032; and (d) increase the maximum compensation for an additional $1,000,000 for a total aggregate maximum compensation not to exceed $3,000,000 over a ten-year period for both agreements, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: 1 - Councilmember Hardy
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4.K 24-355 Action on Amendment No. 1 to the Agreement with TruePoint Solutions, LLC for Professional Services to Support the Accela Civic Platform and Approve the Related Budget Amendments
Recommendation:
1. Authorize the City Manager to negotiate and execute Amendment No. 1 to the Agreement with TruePoint Solutions, LLC for software support services for the Accela Civic Platform permitting system to extend the term by three years through June 30, 2027 and increase the maximum compensation by $1,359,094 for a revised maximum compensation amount of $2,445,094, subject to the appropriation of funds and approval as to form by the City Attorney;
2. Authorize the City Manager to execute future amendments to add and/or delete services and extend the agreement through June 30, 2029, subject to the maximum compensation limit and approval as to form by the City Attorney; and
3. Approve the following FY 2023/24 budget amendments:
a. In the General Fund, increase the transfer to the Fire Department Capital Fund in the amount of $200,000, increase the transfer to the General Government Capital Fund in the amount of
$270,000 and decrease the Technology Fee Reserve in the amount of $470,000 (five affirmative Council votes required for the use of unused balances);
b. In the Building Development Services Fund, increase the transfer to the General Government Capital Fund in the amount of $880,094 and decrease the unrestricted ending fund balance in the amount of $880,094 (five affirmative Council votes required for the use of unused balances);
c. In the Fire Department Capital Fund, increase the transfer from the General Fund in the amount of $200,000 and increase the Fire Department Accela Implementation Project in the amount of $200,000 (five affirmative Council votes required to
appropriate additional revenue); and
d. In the General Government Capital Fund, increase the transfer from the General Fund in the amount of $270,000, increase the transfer from the Building Development Services Fund in the amount of $880,094, and increase the Permit Information Systems Project in the amount of $1,150,094 (five affirmative Council votes required to appropriate additional revenue).
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) authorize the City Manager to negotiate and execute Amendment No. 1 to the Agreement with TruePoint Solutions, LLC for software support services for the Accela Civic Platform permitting system to extend the term by three years through June 30, 2027 and increase the maximum
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compensation by $1,359,094 for a revised maximum compensation amount of $2,445,094, subject to the appropriation of funds and approval as to form by the City Attorney; (2) authorize the City Manager to execute future amendments to add and/or delete services and extend the agreement through June 30, 2029, subject to the maximum compensation limit and approval as to form by the City Attorney; and (3) approve the following FY 2023/24 budget amendments: [a.] In the General Fund, increase the transfer to the Fire Department Capital Fund in the amount of $200,000, increase the transfer to the General Government Capital Fund in the amount of $270,000 and decrease the Technology Fee Reserve in the amount of $470,000;
[b.] In the Building Development Services
Fund, increase the transfer to the General Government Capital Fund in the amount of $880,094 and decrease the unrestricted ending fund balance in the amount of $880,094; [c.] In the Fire Department Capital Fund, increase the transfer from the General Fund in the amount of $200,000 and increase the Fire Department Accela Implementation Project in the amount of $200,000; and d. In the General Government Capital Fund, increase the transfer from the General Fund in the amount of $270,000, increase the transfer from the Building Development
Services Fund in the amount of $880,094,
and increase the Permit Information Systems Project in the amount of $1,150,094.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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4.L 24-463 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 6001 America Center Drive to 3080 Raymond Street, 1100 Space Park Drive to 2972 Stender Way, 3080 Raymond Street to 6201 America Center Drive, 5101 Lafayette Street to 6201 America Center Drive, 5020 Stars and Stripes Drive to 1990 Walsh Avenue, 881 Martin Avenue to 1100 Space Park Drive, and 2905 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 these public works consistent with this authorization.
Councilmember Chahal recused himself from this item due to his property being within 500 ft. of some of the subject item.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (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, 1100 Space Park Drive to 2972 Stender Way, 3080 Raymond Street to 6201 America Center Drive, 5101 Lafayette Street to 6201 America Center Drive, 5020 Stars and Stripes Drive to 1990 Walsh Avenue, 881 Martin Avenue to 1100 Space Park Drive, and 2905 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 these public works consistent with this authorization.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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4.M 24-523 Action on Authorizing the Use of City Electric Forces for Projects Located 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 2913 Cabrillo Avenue, 2880 Scott Boulevard, and 2950 Patrick Henry Avenue 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 consistent with this authorization.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (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 2913 Cabrillo Avenue, 2880 Scott Boulevard, and 2950 Patrick Henry Avenue 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 consistent with this authorization.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
4.N 24-289 Action on a Resolution Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2024/25
Recommendation:
Adopt a Resolution Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2024/25.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to adopt Resolution No. 24-9328 authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2024/25.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
4.O 24-353 Action on Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Countywide Food Recovery Program Recommendation:
Approve and authorize the City Manager to execute a Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Countywide Food Recovery Program, in a final form approved by the City Attorney.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to approve and authorize the City Manager to execute a Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Countywide Food Recovery Program, in a final form approved by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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4.P 24-571 Authorize the City Manager to execute the 2024-2027 Memorandum of Understanding Between the City of Santa Clara and the Santa Clara Employees’ Association (hereafter, “Unit 578”), which incorporates the terms of the Tentative Agreement, and Adoption of a Resolution to Update the Classified Salary Plan for Classifications represented by Unit 578.
Recommendation:
1. Authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and the Santa Clara Santa Clara Employees’ Association (Unit 578) with effective dates of January 1, 2024 - December 31, 2027, that incorporates the terms of the Tentative Agreement in a final form approved by the City Attorney; and
2. Adoption of a Resolution to approve the revised salary plan for various classified positions to satisfy the requirements of California Code of Regulations Section 570.5.
City Manager Grogan noted that there was a typo in recommendation 1 - the actual effective date is December 24, 2023.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and the Santa Clara Santa Clara Employees’ Association (Unit 578) with effective dates of December 24, 2023 - December 31, 2027, that incorporates the terms of the Tentative Agreement in a final form approved by the City Attorney; and (2) adopt Resolution No. 24-9329 approv
ing the revised salary plan for various classified positions to satisfy the requirements of California Code of Regulations Section 570.5.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
4.Q 24-337 Action on a Resolution Revising the Regular Meeting Date for the Parks & Recreation Commission
Recommendation:
Adopt a Resolution revising the Parks & Recreation Commission regular meeting date and time to the third Monday of each month at 7 p.m.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to adopt Resolution No. 24-9330 revising the Parks & Recreation Commission regular meeting date and time to the third Monday of each month at 7 PM.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR
5. 24-485 Action on Stadium Authority Bills and Claims for the Month of March 2024 Recommendation: Approve the list of Stadium Authority Bills and Claims for March 2024.
A motion was made by Vice Chair Becker, seconded by
Boardmember Chahal, to approve the list of Stadium Authority Bills and Claims for March 2024.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Park, Boardmember Jain, Vice Chair Becker, and Chair Gillmor 6 -
Excused: 1 - Boardmember Hardy
PUBLIC PRESENTATIONS
None.
CONSENT ITEMS PULLED FOR DISCUSSION
None.
PUBLIC HEARING/GENERAL BUSINESS (COUNCIL/STADIUM)
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6. 24-591 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 (DEFERRED FROM MAY 28, 2024)
Recommendation:
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).
City Manager Grogan introduced the item and provided opening remarks. Assistant City Manager Baker gave a Powerpoint Presentation on the Initial Grant Funding Agreement with Forty Niners SC Stadium Company LLC.
Council questions followed.
Assistant City Manager Baker, City Manager Grogan and City Attorney Googins addressed Council questions and concerns.
Public Comment: Vikas Gupta
Pilar Furlong
Amanda Pease
Council comments followed .
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (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
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Meeting Minutes
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
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
7. 24-1598 Public Hearing: Action on a Resolution Setting Rates for Overall Solid Waste Service and Annual Clean-up Campaign in the Exclusive Franchise Area
Recommendation:
Alternative 1: Adopt a Resolution setting the overall rates to be charged to rate payers for the collection and disposal of garbage, refuse, yard trimmings, recycling, and annual Clean-up Campaign in the exclusive franchise area, effective for the utility bills issued for services rendered on and after July 1, 2024.
Mayor Gillmor opened the Public Hearing.
City Manager Grogan introduced the agenda item and provided opening remarks. Deputy Director of Public Works Staub gave a Powerpoint Presentation on the Adoption of a Resolution Setting Rates for Overall Solid Waste Services and Annual Clean-up Campaign in the Exclusive Franchise Area.
Council questions followed.
Deputy Director of Public Works Staub addressed Council questions and concerns.
There were no public comments.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to close the Public Hearing.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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Assistant City Clerk Pimentel noted that at the conclusion of the Public Hearing, the City of Santa Clara received 19 written protests to the proposed rate increase for solid waste services and in addition to the 0 verbal protests during the Public Hearing. The number of the protests received does not equate to the majority of the parcel owners that are subject to the fee, therefore there is insufficient number of protests that constitutes a majority of protests under Proposition 218 and the Council may proceed with considering the rate increase.
Councilmember Chahal presented a Powerpoint Presentation.
Council deliberation continued.
Director of Public Works Mobeck addressed Council questions and comments.
A motion was made by Councilmember Jain, seconded by
Councilmember Watanabe, to adopt Resolution No. 24-9331 setting the overall rates to be charged to rate payers for the collection and disposal of garbage, refuse, yard trimmings, recycling, and annual Clean-up Campaign in the exclusive franchise area, effective for the utility bills issued for services rendered on and after July 1, 2024.
Aye: Councilmember Watanabe, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
4 -
Nay: Councilmember Chahal, and Councilmember Park2 -
Excused: Councilmember Hardy1 -
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8. 24-74 Public Hearing: Adoption of a Resolution Approving the Levy of Benefit Assessment Upon Maintenance District No. 183 - Santa Clara Convention Center Complex
Recommendation:
Alternative 1: Adopt a resolution approving the levy of benefit assessment upon the Santa Clara Convention Center Complex - Maintenance District No. 183, and approving, confirming, and adopting the Director’s Report for FY 2024/25.
Mayor Gillmor opened the Public Hearing.
Director of Public Works Mobeck provided a verbal report regarding the adoption of a Resolution Approving the Levy of Benefit Assessment Upon Maintenance District No. 183 - Santa Clara Convention Center Complex.
Council questions followed.
City Manager Grogan addressed Council questions.
There were no public comments.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to close the Public Hearing.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
A motion was made by Councilmember Watanabe, seconded by Councilmember Chahal, to approve Alternative 1: adoption of a Resolution 24-9332 approving the levy of benefit assessment upon the Santa Clara Convention Center Complex - Maintenance District No. 183, and approving, confirming, and adopting the Director’s Report for FY 2024/25.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
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9. 24-1602 Public Hearing: Action on a Resolution Approving the Levy of Benefit Assessment upon the City of Santa Clara Parking Maintenance District No. 122 - Franklin Square
Recommendation:
Alternative 1: Adopt a Resolution approving the levy of benefit assessment upon the City of Santa Clara Parking Maintenance District No. 122 and approving, confirming, and adopting the Director’s Report for FY 2024/25.
Mayor Gillmor recused from this item due to owning property at the Franklin Square Mall. Mayor Gillmor left the dais at 11:28 PM and will not be returning to the meeting.
Vice Mayor Becker presided over this item and the remainder of the meeting Vice Mayor Becker opened the Public Hearing.
A motion was made by Councilmember Jain, seconded by Councilmember Chahal, to close the Public Hearing.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, and Vice Mayor Becker
5 -
Excused: Councilmember Hardy1 -
Recused: Mayor Gillmor1 -
Director of Public Works Mobeck provided a verbal report on a Resolution Approving the Levy of Benefit Assessment upon the City of Santa Clara Parking Maintenance District No. 122 - Franklin Square
Council questions followed.
Director of Public Works Mobeck addressed Council questions.
There were no public comments.
Council deliberation continued.
Director of Public Works Mobeck,
City Manager Grogan and City
Attorney Googins addressed Council questions.
A motion was made by Councilmember Jain, seconded by Vice Mayor Becker, to reject the levy of benefit assessment upon the City of Santa Clara parking maintenance district No. 122 - Franklin Square and approving, confirming and adopting the Director's Report.
Aye: Councilmember Chahal, Councilmember Park, Councilmember Jain, and Vice Mayor Becker
4 -
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Nay: Councilmember Watanabe1 -
Excused: Councilmember Hardy1 -
Recused: Mayor Gillmor1 -
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030
REQUESTS
Councilmember Chahal noted that he attended the Sister Cities International All Americas Summit in San Antonio and highlights the various discussion topics.
Councilmember Park reported on his attendance at Safety Patrol Recognitions and Santa Clara Sister Cities Association are sending six students to Japan.
Vice Mayor Becker reported on his attendance at the Stevens Creek Corridor Committee, the next meeting will be in September and encouraged residents to provide input on the Stevens Creek Visions. Vice Mayor Becker also noted the Annual Spring Clean-up Campaign and encouraged residents to up-cycling. He observed that there were changes and expressed gratitude for City staff for the Clean-up.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
None.
ADJOURNMENT
A motion was made by Council/Boardmember Chahal, seconded by Council/Boardmember Jain, to adjourn the meeting at 12:28 AM.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Park, Council/Boardmember Jain, and Vice Mayor/Chair Becker
5 -
Excused: 1 - Council /Boardmember Hardy
Absent: 1 - Mayor/Chair Gillmor
The next regular scheduled meeting is on Tuesday, June 25, 2024 in the City Hall Council Chambers.
Joint City Council and Authorities Concurrent &
Stadium Authority Board Meeting
MEETING DISCLOSURES
Meeting Minutes 06/04/2024
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 fifed 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 SantaCfaraCA.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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ff a member of the public submits a speaker card for any agenda items, their name wiff appear in the Minutes. ff no speaker card is submitted, the Minutes will reflect "Public Speaker."
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Assistant City Clerk/Secretary
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