City of Santa Clara
Meeting Minutes of the
Joint 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
09/10/2024
Councilmember Chahal will be participating remotely under the Provisions of AB 2449 Emergency Circumstance
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:
1. Use the eComment tab located on the City Council Agenda page (https://santaclara.legistar.com/Calendar.aspx). eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.
2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting
material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.
NOTE:
Please note eComments and Emails received as public comment will not be read aloud during the meeting.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or [email protected].
09/10/2024Joint City Council and Authorities Concurrent & Santa Clara Stadium Authority Board Meeting
Meeting Minutes
Closed Session - 5:00 PM | Regular Meeting - 7:00 PM
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the Closed Session to order at 5:06 PM.
Confirmation of Quorum
Assistant City Clerk Pimentel confirmed a quorum. She also noted that Councilmember Chahal is absent and will join the meeting after the closed session.
1.A 24-881 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
Townsend, Joseph v. City of Santa Clara, Workers Compensation Appeals Board Case Number ADJ15468556
09/10/2024Joint City Council and Authorities Concurrent & Santa Clara Stadium Authority Board Meeting
Meeting Minutes
1.B 24-852 Conference with Real Property Negotiators (CC) - Easements for the 115kV Project
Pursuant to Gov. Code § 54956.8
Property: See APNs and Addresses Listed Below
City Negotiator: Jovan D. Grogan, City Manager (or designee) Negotiating Parties: City and Property Owners Listed Below Under Negotiation: Purchase of Real Property (price and terms of payment):
APN Address
097-08-114 4090 Network Cl
097-08-058 4220 Network Cl
104-38-007 1515 Wyatt Dr
104-38-014 1500 Wyatt Dr
104-14-160 No Situs
104-14-164 3750 Bassett St
104-14-132 3720 Bassett St
104-14-118 3730 Bassett St
104-14-144 3670 Bassett St
104-14-111 3610 Bassett St 1
104-15-131 3550 Bassett St
104-15-132 3540 Bassett St
104-15-133 3530 Bassett St
104-15-134 3520 Bassett St
104-15-128 3508 Bassett St
104-15-105 3500 Bassett St
104-51-001 3400 Bassett St
101-11-003 3205 Bassett St
Owner's name
Oracle America Inc
KOLL/ INTEREAL BAY AREA
Reed and Graham Inc
2MJ Miller Family LP
Moriel Real Estate LLC
Charles Avenue Associates
San Tomas Investment Corp
Hgit Bassett Campus LP
PDM Steel Service Centers INC
3400 Bassett LLC
Basset California LLC
101-11-004 891 Laurelwood Rd 891 Laurelwood LLC
224-36-039 881 Duane Ave Storage Equities INC
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1.C 24-854 Conference with Real Property Negotiators
Pursuant to Gov. Code § 54956.8
Property: 2900-2930 Lafayette Street, Santa Clara CA 95054 (APN 224-08-109)
City Negotiator: Jovan D. Grogan, City Manager (or designee) Negotiating Parties: City of Santa Clara (Buyer) and Dollinger-Lafayette Associates, a California General Partnership (Seller)
Under Negotiation: Purchase of Real Property (price and terms of payment)
Public Comment
Public Comment: Satish Chandra
Convene to Closed Session (Council Conference Room)
Mayor Gillmor adjourned into Closed Session at 5:10 PM.
City Attorney Googins noted that Councilmember Watanabe will abstain herself from Item 1.B regarding easements for the 115kV Project due to conflict of interest of owning property within 1000 feet of subject property.
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Mayor/Chair Gillmor called the regular meeting to order at 7:00 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
Assistant City Clerk/Secretary Pimentel noted that
Council/Boardmember Chahal is participating remotely pursuant to the Emergency Circumstances provision of AB2449. Council/Boardmember Chahal stated that he needs to participate remotely due to taking care of his father.
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.
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/ Boardmember Hardy, Council/Boardmember Park, Council/Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor
Present: 7 -
A motion was made by Vice Mayor/Chair Becker, seconded by Council/Boardmember Hardy to approve Council/Boardmember Chahal's remote participation.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor 7 -
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
City Attorney Googins noted that there was no reportable action in Closed Session.
Councilmember Watanabe noted that she abstained herself from Item
1.B regarding easements for the 115kV Project due to conflict of interest of owing property within 1000 feet of subject property.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
None.
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SPECIAL ORDER OF BUSINESS
2.A 24-564 Proclamation of Hispanic Heritage Month from September 15 - October 15, 2024
Mayor Gillmor, on behalf of the Council, proclaimed Hispanic Heritage Month from September 15, 2024 to October 15, 2024.
Dianna Zamorra-Marroquin (Board President, Latina Coalition of Silicon Valley) accepted the proclamation and provided some remarks.
Council comments followed.
2.B 24-608
Proclamation of September 21 through September 27, 2024 as United Against Hate Week in Santa Clara.
Mayor Gillmor, on behalf of the Council, proclaimed September 21, 2024 to September 27, 2024 as United Against Hate Week.
City Librarian Wong accepted the proclamation and provided some remarks.
CONSENT CALENDAR
Councilmember Hardy abstained from Items 3.H regarding Final Map for Tract No. 10615 at 3077-3155 El Camino Real and 3.I regarding a resolution ordering the vacation of a sanitary sewer and easements at 3077-3457 El Camino Real due to a conflict of interest of owing property within 500 feet of the subject properties.
A motion was made by Vice Mayor/Chair Becker, seconded by Council/Boardmember Jain, to approve the Consent Calendar.
Aye:
Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor 7 -
3.A 24-16 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Cultural Commission - June 3, 2024
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to note and file the minutes of Cultural Commission - June 3, 2024.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
3.B 24-809
Action on City Bills and Claims Report for the period July 20, 2024 - August 9, 2024
Recommendation:
Approve the list of Bills and Claims for July 20, 2024 - August 9, 2024.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to approve the list of Bills and Claims for July 20, 2024 - August 9, 2024.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
3.C 24-806
Action on Award of Purchase Orders to Lenco Armored Vehicles for a BearCat Medevac G2, and to Other Vendors for Related Accessories and Services, and Approve the Related Budget Amendments
Recommendation:
1. Authorize the City Manager, or designee, to issue purchase orders to Lenco Armored Vehicles for a BearCat Medevac G2 and to other vendors for related system accessories and services, with a total maximum compensation of $491,998 inclusive of all taxes and fees, pursuant to the terms of the HGAC cooperative purchase
agreement; and
2. Approve the FY 2024/25 budget amendment in the General Fund to increase the Police Department’s operating budget in the amount of $491,998 and decrease the General Fund’s Budget Stabilization Reserve in the amount of $491,998 (five affirmative Council votes for the use of unused balances).
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to (1) authorize the City Manager, or designee, to issue purchase orders to Lenco Armored Vehicles for a BearCat Medevac G2 and to other vendors for related system accessories and services, with a total maximum compensation of $491,998 inclusive of all taxes and fees, pursuant to the terms of the HGAC cooperative purchase agreement; and (2) approve the FY 2024/25 budget amendment in the General Fund to increase the Police Department’s operating budget in the amount of $491,998 and decrease the General Fund’s Budget Stabilization Reserve in the amount of $491,998 (five affirmative Council votes for the use of unused balances).
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
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3.D 24-757 Action on a Purchase Order with Municipal Maintenance Equipment, Inc. for the Purchase of a Street Sweeper for the Department of Public Works Recommendation: Approve and authorize the City Manager to execute a purchase order for a total, not-to-exceed the amount, of $483,000 with Municipal Maintenance Equipment, Inc. for the purchase of a street sweeper for the Department of Public Works, in a final form approved by the City Attorney.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to approve and authorize the City Manager to execute a purchase order for a total, not-to-exceed the amount, of $483,000 with Municipal Maintenance Equipment, Inc. for the purchase of a street sweeper for the Department of Public Works, in a final form approved by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
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3.E 24-41 Action to Authorize the City Manager to Negotiate and Execute an Agreement with dataVoice International for an Electric Outage Management System and Interactive Voice Response System for Silicon Valley Power
Recommendation:
1. Authorize the City Manager or designee to negotiate and execute an agreement with dataVoice International, Inc. (Agreement) for the purchase and implementation of an Outage Management System and Interactive Voice Response System starting on or around September 1, 2024, and ending on July 31, 2026, with a maximum compensation not-to-exceed $630,316, subject to the appropriation of funds 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 Agreement and to negotiate and execute amendments to the Agreement to (a) extend the term of the Agreement in alignment with any extensions made by the City of Roseville, not to exceed an additional five years through July 31, 2031, (b) increase the maximum compensation by up to an additional $519,472 for a total maximum compensation amount not-to-exceed $1,149,788, and (c) execute future amendments to the Agreement required to meet SVP’s system requirements, subject to the compensation limits, appropriation of funds, and approval as to form by the City Attorney.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to (1) authorize the City Manager or designee to negotiate and execute an agreement with dataVoice International, Inc. (Agreement) for the purchase and implementation of an Outage Management System and Interactive Voice Response System starting on or around September 1, 2024, and ending on July 31, 2026, with a maximum compensation not-to-exceed $630,316, subject to the appropriation of funds 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 Agreement and to negotiate and execute amendments to the Agreement to (a) extend the term of the Agreement in alignment with any extensions made by the City of Roseville, not to exceed an additional five years through July 31, 2031, (b) increase the maximum compensation by up to an additional $519,472 for a total maximum compensation amount not-to-exceed $1,149,788, and (c) execute future amendments to the Agreement required to meet SVP’s system requirements, subject to the compensation limits, appropriation of funds, and approval as to form by the City Attorney.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
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3.F 24-67 Action on Master Service Agreements with Ten (10) Consulting Firms for As-Needed Consultant Plan Check, Inspections, and Permitting Support Services for the Building Division of the Community Development Department for a Maximum Aggregate Amount Across the Ten Agreements of $8,000,000
Recommendation:
1. Authorize the City Manager or designee to negotiate and execute master service agreements for Plan Check Review, Field Inspection Services and Permitting Support Staff Services with the following firms for a five-year term starting on or around September 16, 2024, and ending on or around September 15, 2029, with a total maximum aggregate compensation of $8,000,000, subject to review and approval as to form by the City Attorney and the appropriation of funds:
1. 4LEAF, Inc.
2. BPR Consulting Group, LLC
3. The Code Group, Inc. DBA VCA Code
4. CSG Consultants, Inc.
5. Plan Review Consultants, Inc.
6. Shums Coda Associates, Inc.
7. TRB and Associates, Inc.
8. True North Compliance Services, Inc.
9. UpAvanti Inc.
10. West Coast Code Consultants, Inc.
2. Authorize the City
Manager to take any actions as necessary to
implement and administer the above agreements, to negotiate and execute amendments, and exercise options to renew for up to two additional years, subject to the maximum aggregate compensation above, appropriation of funds, and review and approval as to form by the City Attorney.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to (1) authorize the City Manager or designee to negotiate and execute master service agreements for Plan Check Review, Field Inspection Services and Permitting Support Staff Services with the following firms for a five-year term starting on or around September 16, 2024, and ending on or around September 15, 2029, with a total maximum aggregate compensation of $8,000,000, subject to review and approval as to form by the City Attorney and the appropriation of funds: (1) 4LEAF, Inc. (2) BPR Consulting Group, LLC (3) The Code Group, Inc. DBA VCA Code (4) CSG Consultants, Inc. (5) Plan Review Consultants, Inc. (6) Shums Coda Associates, Inc. (7) TRB and Associates, Inc. (8) True North Compliance Services, Inc. (9) UpAvanti Inc. (10) West Coast Code
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Consultants, Inc.; and (2) authorize the City Manager to take any actions as necessary to implement and administer the above agreements, to negotiate and execute amendments, and exercise options to renew for up to two additional years, subject to the maximum aggregate compensation above, appropriation of funds, and review and approval as to form by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
3.G 24-687
Action to Approve an Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement and Related Budget Amendment
Recommendation:
1. Approve the Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement;
2. Approve the FY 2024/25 budget amendment in the Police Operating Grant Trust Fund to recognize grant revenue in the amount of $7 0,000 and establish a Selective Traffic Enforcement Program Grant appropriation in the amount of $70,000 (five affirmative Council votes required to appropriate additional revenue); and
3. Authorize the Chief of Police, City Manager and/or Finance Director to sign the required grant-related documents in final forms approved by the City Attorney.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to (1) approve the Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement; (2) approve the FY 2024/25 budget amendment in the Police Operating Grant Trust Fund to recognize grant revenue in the amount of $70,000 and establish a Selective Traffic Enforcement Program Grant appropriation in the amount of $70,000; and (3) authorize the Chief of Police, City Manager and/or Finance Director to sign the required grant-related documents in final forms approved by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
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3.H 24-647 Action on Final Map for Tract No. 10615 at 3077-3155 El Camino Real Recommendation: 1. Approve the Final Map for Tract No. 10615;
2. Authorize the City Manager to make minor modifications, if necessary, prior to recordation; and
3. Authorize the recordation of the Final Map for Tract No. 10615, which merges two parcels into one lot for condominium purposes located at 3077-3155 El Camino Real [APN 220-32-057 & 220-32-058
(2024-25)].
Councilmember Hardy abstained from this item due to a conflict of interest of owing property within 500 feet of the subject properties.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to (1) approve the Final Map for Tract No. 10615; (2) authorize the City Manager to make minor modifications, if necessary, prior to recordation; and (3) authorize the recordation of the Final Map for Tract No. 10615, which merges two parcels into one lot for condominium purposes located at 3077-3155 El Camino Real [APN 220-32-057 & 220-32-058 (2024-25)].
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Abstained: Councilmember Hardy1 -
3.I 24-1601
Action on a Resolution Ordering the Vacation of a Sanitary Sewer and Storm Drain Easement, and Electrical Easement at 3077-3157 El Camino Real
Recommendation:
1. Adopt a Resolution Ordering the Vacation of a Sanitary Sewer and Storm Drain Easement, and Electrical Easement at 3077-3157 El Camino Real [APN 220-32-057 (2024-25)]; and
2. Authorize the recordation of the Resolution.
Councilmember Hardy abstained from this item due to a conflict of interest of owing property within 500 feet of the subject properties.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to (1) adopt Resolution No. 24-9361 Ordering the Vacation of a Sanitary Sewer and Storm Drain Easement, and Electrical Easement at 3077-3157 El Camino Real [APN 220-32-057 (2024-25)]; and (2) authorize the recordation of the Resolution.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Abstained: Councilmember Hardy1 -
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3.J 24-804 Report on Actions Taken During Council Recess from July 17, 2024 through August 19, 2024
Recommendation: Note and file the Report on Actions Taken During City Council Recess from July 17, 2024 through August 19, 2024
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to note and file the Report on Actions Taken During City Council Recess from July 17, 2024 through August 19, 2024.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
3.K 24-859
Action on a Resolution Approving the 2025 Civil Service Commission Calendar of Meetings, and Setting the Number and Start Time of Regular Meetings of the Civil Service Commission
Recommendation:
Adopt a Resolution approving the 2025 Civil Service Commission Calendar of Meetings and setting the number and start time of regular Civil Service Commission meetings.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to adopt Resolution No. 24-9362 approving the 2025 Civil Service Commission Calendar of Meetings and setting the number and start time of regular Civil Service Commission meetings.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
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3.L 24-803 Action on a Resolution Accepting from the Santa Clara Valley Water District an Aerial Easement Deed for the San Tomas Junction Substation Project in Consideration of a One-time Payment not to exceed $2,000 Recommendation:
Adopt the Resolution authorizing (a) the City Manager to accept and execute, in substantial form, the attached Aerial Easement Deed (Easement Deed) and the real property interest contained therein for an overhead electric aerial easement at San Tomas Aquino Creek [APN 104-40-008 & 104-39-022]; (b) the payment not to exceed $2,000 for the Easement Deed and real property interests contained therein; and (c) the City Clerk to record the Easement Deed.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to adopt Resolution No. 24-9363 authorizing (a)
the City Manager to accept and execute, in substantial form, the Aerial Easement Deed (Easement Deed) and the real property interest contained therein for an overhead electric aerial easement at San Tomas Aquino Creek [APN 104-40-008 & 104-39-022]; (b) the payment not to exceed $2,000 for the Easement Deed and real property interests contained therein; and (c) the City Clerk to record the Easement Deed.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
3.M 24-869
Authorize the City Manager to execute a Side Letter Agreement between the City of Santa Clara and Unclassified Miscellaneous Management Employees (Unit 9) Regarding Healthcare Benefits
Recommendation:
Authorize the Office of the City Manager to execute a Side Letter Agreement between the
City of Santa Clara and Unclassified
Miscellaneous Management Employees (Unit 9) in the form presented, extending the employer contribution for medical insurance premiums to 90% of the lowest Kaiser rate for employee plus family coverage, effective January 1, 2025
A motion was made by Vice Mayor Becker, seconded by
Councilmember Jain, to authorize the Office of the City Manager to execute a Side Letter Agreement between the City of Santa Clara and Unclassified Miscellaneous Management Employees (Unit 9) in the form presented, extending the employer contribution for medical insurance premiums to 90% of the lowest Kaiser rate for employee plus family coverage, effective January 1, 2025.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
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SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR
4.A 24-823 Action on Stadium Authority Bills and Claims for the Month of July 2024 Recommendation: Approve the list of Stadium Authority Bills and Claims for July 2024.
A motion was made by Vice Chair Becker, seconded by
Boardmember Jain, to approve the list of Stadium Authority Bills and Claims for July 2024.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Boardmember Park, Boardmember Jain, Vice Chair Becker, and Chair Gillmor
7 -
4.B 24-761 Action on the Santa Clara Stadium Authority Financial Status Report for Quarter and Fiscal Year Ending March 31, 2024 and Related Budget Amendments
Recommendation:
1. Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter and Fiscal Year Ending March 31, 2024; and
2. Approve the FY 2024/25 Budget Amendments in the Operating Budget in the amount of $3,864,901, Debt Service Budget in the amount of $126,179 and Capital Expense Budget in the amount of $78,024 to make technical actions to true up fund balances based on actual FY 2023/24 performance.
A motion was made by Vice Chair Becker, seconded by
Boardmember Jain, to (1) note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter and Fiscal Year Ending March 31, 2024; and (2) approve the FY 2024/25 Budget Amendments in the Operating Budget in the amount of $3,864,901, Debt Service Budget in the amount of $126,179 and Capital Expense Budget in the amount of $78,024 to make technical actions to true up fund balances based on actual FY 2023/24 performance.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Boardmember Park, Boardmember Jain, Vice Chair Becker, and Chair Gillmor
7 -
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PUBLIC PRESENTATIONS
24-916
Josephine Kawanami expressed concerns about the accuracy and integrity of the 2022 election.
Sue B read into the record a proposed resolution on election integrity.
Joanie Murphy read into the record a proposed resolution on election integrity.
Alicia Schoolcraft read into the record a proposed resolution on election integrity.
Jean R expressed concerns about the accuracy and integrity of the 2022 election.
Kirk Vartan expressed concerns regarding a dedicated bus lane proposal for the Stevens Creek Corridor Study. He also asked about City Attorney Googins' perspective on whether Vice Mayor/Chair Becker's attorney is considered a campaign contribution.
Post Meeting Material
CONSENT ITEMS PULLED FOR DISCUSSION
None.
PUBLIC HEARING/GENERAL BUSINESS
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5. 24-46 Action on a Resolution Approving an Electric Revenue Bond Issuance Estimated at $130 Million Plus a 10% Contingency for a Total Amount not to Exceed $143 Million to Finance Capital Costs of the Electric System, Authorizing the Execution and Delivery of Related Documents, and Other Related Actions; and Approval of Related Budget Amendment Recommendation:
1. That the City Council by Resolution:
a.
Authorize issuance of the Electric Revenue Bonds, Series 2024 A subject to the terms set forth in the Authorizing Resolution; b. Approve and authorize the City Manager or designee to execute the Fourth Supplemental Electric Revenue Bond Indenture, in substantially the form attached to this Report to Council; c. Approve the following underwriters in connection with the Electric Revenue Bonds, Series 2024 A: J.P. Morgan Securities LLC, RBC Capital Markets, LLC, and Siebert Williams Shank & Co., LLC; and approve and authorize certain City officers or designees to execute the Bond Purchase Contract, in
substantially the form attached to this Report to Council; d. Approve the Preliminary Official Statement, in substantially the form attached to this Report to Council; and authorize (i) certain City officers or designees to execute a certificate to deem the Preliminary Official Statement substantially final, and (ii) the City Manager or designee to execute a Final Official Statement in substantially the form of the Preliminary Official Statement; e. Authorize applicable City officers to modify the Fourth Supplemental Electric Revenue Bond Indenture, the Bond
Purchase Contract, Preliminary Official Statement, and Final Official Statement to reflect the terms of the sale of the Electric Revenue Bonds, Series 2024 A, subject to any requirements and limitations contained in the Authorizing Resolution; f. Approve and authorize the City Manager to execute the Continuing Disclosure Agreement, in substantially the form attached to this Report to Council, with such changes as the City Manager or the Director of Finance shall approve subject to any requirements and limitations contained in the Authorizing Resolution; and
g. Authorize certain City officers to execute all required agreements, documents, and certificates necessary to effect the sale and delivery of the Electric Revenue Bonds, Series 2024 A by the agreements and documents approved under the
Authorizing Resolution; and to do any and all things and to execute and deliver such other agreements, documents and certificates in connection with the issuance and delivery of the Electric Revenue Bonds, Series 2024 A, subject to any
requirements and limitations contained in the Authorizing Resolution; and
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h.
Authorize certain other actions set forth in the Authorizing Resolution, with the understanding that all required agreements and disclosure documents shall be subject to final approval as to form by the City Attorney.
2. Approve the following FY 2024/25 budget amendments:
a. In the Electric Utility Fund, increase the transfer to the Electric Utility Debt Service Fund and decrease the Unrestricted Ending Fund Balance in the amount of $9.8 million (five affirmative Council votes required for the use of unused balances); and
b. In the Electric Utility Debt Service Fund, increase the transfer from the Electric Utility Fund and increase the Debt Service appropriation in the amount of $9.8 million (five affirmative Council votes required to appropriate additional revenue).
City Manager Grogan introduced this item.
Chief Electric Utility Officer Pineda and Director of Finance Lee provided a Powerpoint presentation on electric revenue bonds.
Council comments and questions followed.
Chief Electric Utility Officer Pineda and Director of Finance Lee addressed Council questions.
Public Comment: None.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy, to adopt Resolution No. 24-9364 that (a) authorize issuance of the Electric Revenue Bonds, Series 2024 A subject to the terms set forth in the Authorizing Resolution; (b) approve and authorize the City Manager or designee to execute the Fourth Supplemental Electric Revenue Bond Indenture, in substantially the form attached to this Report to Council; (c) approve the following underwriters in connection with the Electric Revenue Bonds, Series 2024 A: J.P. Morgan Securities LLC, RBC Capital Markets, LLC, and Siebert Williams Shank & Co., LLC; and approve and authorize certain City Officers designees to execute the Bond Purchase Contract, in substantially the form attached to this Report to Council; (d) approve the Preliminary Official Statement, in substantially the form attached to this Report to Council; and authorize (i) certain City Officers or designees to execute a certificate to deem the Preliminary Official Statement substantially final, and (ii) the City Manager or designee to execute a Final Official Statement in substantially the form of the Preliminary Official Statement; (e) authorize applicable City Officers to modify
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the Fourth Supplemental Electric Revenue Bond Indenture, the Bond Purchase Contract, Preliminary Official Statement, and Final Official Statement to reflect the terms of the sale of the Electric Revenue Bonds, Series 2024 A, subject to any requirements and limitations contained in the Authorizing Resolution; (f) approve and authorize the City Manager to execute the Continuing Disclosure Agreement, in substantially the form attached to this Report to Council, with such changes as the City Manager or the Director of Finance shall approve subject to any requirements and limitations contained in the Authorizing Resolution; and (g) authorize certain City Officers to execute all required agreements, documents, and certificates necessary to effect the sale and delivery of the Electric Revenue Bonds, Series 2024 A by the agreements and documents approved under the Authorizing Resolution; and to do any and all things and to execute and deliver such other agreements, documents and certificates in connection with the issuance and delivery of the Electric Revenue Bonds, Series 2024 A, subject to any requirements and limitations contained in the Authorizing Resolution; and (h) authorize certain other actions set forth in the Authorizing Resolution, with the understanding that all required agreements and disclosure documents shall be subject to final approval as to form by the City Attorney; and (2) approve the following FY 2024/25 budget amendments: (a) in the Electric Utility Fund, increase the transfer to the Electric Utility Debt Service Fund and decrease the Unrestricted Ending Fund Balance in the amount of $9.8 million (five affirmative Council votes required for the use of unused balances); and (b) in the Electric Utility Debt Service Fund, increase the transfer from the Electric Utility Fund and increase the Debt Service appropriation in the amount of $9.8 million.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
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6. 24-634 Action on Recommendation from Governance and Ethics Committee to Amend Council Policy 020 ("Proclamations, Commendations and Certificates of Recognition") to update the definitions and process for issuing proclamations, commendations and certificates of recognition.
Recommendation:
Approve Recommendations from Governance and Ethics Committee and adopt a resolution to amend Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) ") to update the definitions and process for issuing proclamations, commendations and certificates of recognition.
City Manager Grogan introduced this item.
Assistant to the City Manager Le provided a Powerpoint presentation on a recommendation from the Governance and Ethics Committee to amend Council policy 020.
Public Comment: None.
Council comments followed.
A motion by Councilmember Jain, seconded by Vice Mayor Becker, to approve recommendations from the Governance and Ethics Committee and adopt Resolution No. 24-9365 to amend Council Policy 020 to update the definitions and process for issuing proclamations, commendations and certificates of recognition.
Aye: Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Nay: Councilmember Watanabe1 -
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REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030
REQUESTS
Councilmember Jain submitted a Council Policy 030 request to agendize a discussion on Council support for a Diwali celebration.
Councilmember Hardy noted that Park Court is turning 100 years old.
Mayor Gillmor announced that this weekend is the Art and Wine Festival at Central Park.
Councilmember Park announced that the Magical Bridge is now open at Central Park.
Councilmember Watanabe reported that tomorrow is the 23rd anniversary of the September 11 attacks and that the Fire Department sent an invite for a remembrance event.
A motion was made by Councilmember Jain, seconded by Vice Mayor Becker, to agendize a discussion on Council support for a Diwali celebration.
Aye: Councilmember Chahal, Councilmember Park, Councilmember Jain, and Vice Mayor Becker
4 -
Nay: Councilmember Watanabe, Councilmember Hardy, and Mayor Gillmor3 -
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
None.
ADJOURNMENT
The meeting was adjourned at 8:34 PM in memory of Edalina Bettencourt Vargas.
A motion was made by Vice Mayor/Chair Becker, seconded by Council/Boardmember Park, to adjourn the meeting.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor 7 -
24-914 Post Meeting Material
The next regular scheduled meeting is on Tuesday, September 24, 2024 in the City Hall Council Chambers.
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MEETING DISCLOSURES
Meeting Minutes 09/10/2024
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 parred. 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.
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