City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:30 PMTuesday, October 22, 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
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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 may contact the Office of the City Clerk at (408) 615-2220 or [email protected].
Study Session - 5:30 PM | Regular Meeting - 7:00 PM
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
5:30 PM STUDY SESSION
Call to Order in the Council Chambers
Confirmation of Quorum
1. Study Session: Overview of the Citywide Risk Assessment and Proposed 2024 and 2025 Internal Audit Work Plans
24-765
Review and provide input on the Annual Risk
Assessment and 2024/2025 Audit Work Plan.
Recommendation:
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in Council Chambers
Pledge of Allegiance and Statement of Values
Roll Call
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS ON OCTOBER 21, 2024
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A Proclamation of October 2024 as Domestic Violence Awareness Month
24-566
2.B Proclamation of October 2024 as Hindu American Awareness and Appreciation Month
24-1068
2.C Proclamation of October 2024 as Cybersecurity Awareness Month
24-828
CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]
3.A Action on the July 9, 2024 Joint Council & Authorities Concurrent and Stadium Authority Meeting Minutes
24-898
Approve the July 9, 2024 Joint Council & Authorities
Concurrent and Stadium Authority Meeting Minutes.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
3.B Board, Commissions and Committee Minutes24-19
Note and file the Minutes of:
Governance and Ethics Committee - July 2, 2024
Planning Commission - September 11, 2024
Civil Service Commission - August 8, 2024
Recommendation:
3.C Action on City Bills and Claims Report for the period August 10, 2024 - September 20, 2024
24-890
Approve the list of Bills and Claims for August 10,
2024 - September 20, 2024.
Recommendation:
3.D Action on Monthly Financial Status and Investment Reports for July and August 2024 and Approve the Related Budget
Amendments
24-857
1. Note and file the Monthly Financial Status Reports
and Monthly Investment Reports for July 2024 and
August 2024 as presented; and
2. Approve the FY 2024/25 Budget Amendments in
the following funds (as detailed in Attachment 5): (a)
In the General Fund, with a net impact of $0; (b) In
the City Affordable Housing Fund, with a net impact
of $0; and (c) In the Electric Utility Capital Fund,
with a net impact of $3,640,629.
Recommendation:
3.E Resolution Increasing the Transient Occupancy Tax Rate from
12.5% to 13.5% effective January 1, 2025; and Introduction of an Ordinance Amending Section 3.25.030 of the Santa Clara City Code to Reflect the Increase in the Transient Occupancy Tax Rate
24-830
1. Approve a resolution increasing the Transient
Occupancy Tax rate from 12.5% to 13.5% effective
January 1, 2025; and
2. Approve the introduction of an ordinance amending
section 3.25.030 of the Santa Clara City Code to
reflect the increase in the Transient Occupancy Tax
rate.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
3.F Action Authorizing the City Manager to Award Purchase Orders to Vendor (s) for the Purchase of Streetlight Poles for the Great America Parkway Streetlight Replacement Project
24-54
Authorize the City Manager or designee to issue
purchase order(s) to vendor(s) presenting the lowest
responsive and responsible bids for the purchase of
aluminum streetlight poles and required hardware for
the Great America Parkway Streetlight Replacement
Project, with a total amount not-to-exceed $700,000,
inclusive of applicable taxes, subject to compliance
with Chapter 2.105 of the City Code, approval as to
form by the City Attorney, and appropriation of funds.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
3.G Action on Award of Contract for Pool Replastering Services at the George F. Haines International Swim Center to Adams Pool Solutions
24-1031
1. Determine that the proposed action is exempt from
CEQA pursuant to Section 15301 (Existing
Facilities) of Title 14 of California Code of
Regulations.
2. Authorize the City Manager to negotiate and
execute an agreement with Adams Pool Solutions
(Agreement) for Pool Replastering Services at the
George F. Haines International Swim Center with
maximum compensation not-to-exceed $420,072
plus applicable taxes, subject to the appropriation
of funds, in final forms approved by the City
Attorney;
3. Authorize the City Manager to negotiate and
execute amendments to the Agreement to (a)
increase the maximum compensation amount by
$400,000 for a revised maximum compensation
amount of $820,072 for additional time and
materials to remedy any unforeseen damages
discovered during the course of the project and (b)
add or delete services consistent with the scope of
services, subject to the appropriation of funds, in
final forms approved by the City Attorney; and
4. Authorize the City Manager to negotiate and
execute an agreement with Burkett’s Pool
Plastering in the event Adams Pool Solutions is
unable to provide the services, subject to the total
maximum compensation amount of $820,072 and
the appropriation of funds, in final forms approved
by the City Attorney.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
3.H Action on Northern California Power Agency (NCPA) Shared Use and Occupancy Agreement
24-49
1. Authorize the City Manager or designee to execute
the (a) Northern California Power Agency Shared
Use and Occupancy Agreement Signatory Member
Execution Page; and (b) Northern California Power
Agency Shared Use and Occupancy Agreement
Signatory Member Request to Use and Occupy
Available Office Space in the forms presented; and
2. Authorize the City Manager or designee to (a) take
any actions as necessary to implement and
administer the Northern California Power Agency
Shared Use and Occupancy Agreement, and (b)
amend the agreement with no material cost
increase, subject to budget appropriations and
review and approval as to form by City Attorney.
Recommendation:
3.I Action on Authorizing the Use of City Electric Forces for Public Works Located at 45 Cronin Drive
24-758
1. Determine that the proposed action is exempt from
CEQA pursuant to Section 15302 (Class 2 -
Replacement or Reconstruction) 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 work
located at 2900 Mead Avenue is better performed
by the City with its own employees based on the
information set forth in this Report to Council and
authorize the performance of this public work
consistent with this authorization.
Recommendation:
3.J Adopt the Resolution Amending the City of Santa Clara Conflict of Interest Codes for Designated Positions as Required by the Political Reform Act Conflict of Interest Code Biennial Update 24-834
Adopt the Resolution amending the City of Santa
Clara Conflict of Interest Code required by the
Political Reform Act and Regulations of the Fair
Political Practices Commission
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
3.K Action on the FY 2023/24 Annual Report for the Santa Clara Tourism Improvement District (SCTID) as Presented by the SCTID Owner’s Association
24-871
Approve the FY 2023/24 Annual Report for the Santa
Clara Tourism Improvement District (SCTID) as
presented by the SCTID Owner’s Association.
Recommendation:
3.L Action to Waive Second Reading and Adopt Ordinance No . 2072 Amending and Restating in its Entirety Chapter 13.20 (Storm Drains and Discharges) of Title 13 (Public Services) of “The Code of the City of Santa Clara, California” to Enable Compliance with Regional Water Resources Control Board
Requirements and Update Administrative Language.
24-1002
Waive Second Reading and adopt Ordinance No.
2072 amending and restating in its entirety Chapter
13.20 (Storm Drains and Discharges) of Title 13
(Public Services) of “The Code of the City of Santa
Clara, California” to enable compliance with Regional
Water Resources Control Board Requirements and
update administrative language.
Recommendation:
SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR
4.A Action on Stadium Authority Bills and Claims for the Month of August 2024
24-905
Approve the list of Stadium Authority Bills and Claims
for August 2024.
Recommendation:
4.B Action on the Santa Clara Stadium Authority Financial Status Report for Quarter Ending June 30, 2024 and Related Budget Amendments
24-760
1. Note and file the Santa Clara Stadium Authority
Financial Status Report for the Quarter Ending June
30, 2024; and
2. Approve a budget amendment in the Operating
Budget to increase the Performance-Based Rent
(paid to City) in the amount of $225,000 and
Stadium Authority G&A in the amount of $100,000
offset by a decrease to Ending Fund Balance -
Unrestricted.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
4.C Action on the Stadium Manager ’s Request for Approval of an Agreement with AMS Electric LLC dba Prime Electric LLC to Replace the Lighting Systems at Levi ’s Stadium (Lighting Systems - Fixture Replacement of Major Outdoor Lighting /LED Retrofit/Sports Lighting CapEx Project) and Related Budget Amendment
24-1015
1. Approve a budget amendment for the Lighting
Systems - Fixture Replacement of Major Outdoor
Lighting/LED Retrofit/Sports Lighting line item in
the Stadium Authority FY 2024/25 CapEx Budget to
increase the budget by $414,631 from the Capital
Budget Ending Fund Balance, for a total budget
amount of $5,139,631;
2. Approve the Stadium Manager’s request to award
a one-time agreement to AMS Electric LLC dba
Prime Electric LLC in the amount of $4,736,475 to
replace the lighting systems at Levi’s Stadium
(Lighting Systems - Fixture Replacement of Major
Outdoor Lighting/LED Retrofit/Sports Lighting
CapEx Project);
3. Authorize the Stadium Manager to execute any
and all documents associated with, and necessary
for the award, completion, and acceptance of the
project, in a form substantially similar to Attachment
2; and
4. Authorize the Stadium Manager to execute change
orders for the agreement up to $236,824, for a total
not to exceed amount of $4,973,299.
Recommendation:
4.D Action on Stadium Manager ’s Request to Execute a Second Amendment to the Concessions Operating Agreement with Levy Premium Foodservice Limited Partnership
24-925
Approve the Stadium Manager’s request to execute a
Second Amendment to the Concessions Operating
Agreement with Levy Premium Foodservice Limited
Partnership on the terms presented.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS
5. Action on Resolutions Accepting the Walsh /Martin Avenue Bikeway Planning Study, Selecting a Preferred Design Concept and, as Appropriate, Taking Related Actions Regarding Parking and Curb Modifications.
24-514
Alternatives 1, 2b, 3b, 4b, and 5.
1. Adopt a resolution accepting the Walsh/Martin
Avenue Bikeway Planning Study;
2b. Approve the roadway concept Four Lanes,
Protected/Buffered Bikeway, Center Turn Lane,
Maintain No Parking for the 80-foot-wide section
of Walsh Avenue;
3b. Approve the roadway concept Four Lanes,
Protected/Buffered Bikeway, Remove Parking for
the 64-foot-wide section of Walsh Avenue; adopt a
resolution amending parking regulations to remove
on-street parking on both sides of Walsh Avenue
between San Tomas Expressway and Lafayette
Street
4b. Approve the roadway concept Four Lanes,
Protected/Buffered Bikeway, Remove Parking for
Martin Avenue; adopt a resolution amending
parking regulations to remove on-street parking on
both sides of Martin Avenue between Lafayette
Street and De La Cruz Boulevard; and
5. Adopt a resolution to establish no parking zones
as necessary on Walsh Avenue between Bowers
Avenue and Lafayette Street and Martin Avenue
between Lafayette Street and De La Cruz
Boulevard.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
6. Action on Resolutions Accepting the De La Cruz
Boulevard/Coleman Avenue Bikeway Planning Study, Selecting a Preferred Design Concept and, as Appropriate, Taking
Related Actions Regarding Parking and Curb Modifications 24-515
Alternatives 1, 4, and 5:
1. Adopt a resolution accepting the De La Cruz
Boulevard/Coleman Avenue Bikeway Planning
Study;
4. Approve Corridor Concept B as the preferred
alternative and adopt a resolution amending
parking regulations to remove on-street parking on
the west side of De La Cruz Boulevard between
Central Expressway and Reed Street; and
5. Adopt a resolution establishing no parking zones
as necessary on De La Cruz Boulevard and
Coleman Avenue to accommodate the approved
bicycle facilities.
Recommendation:
7. Action on Resolution for an Exception to the 180 Day Waiting Period to Appoint Michael Morgan, A Retired Annuitant To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Police Department to Perform Work as a Senior Public Safety Dispatcher
24-1021
Adopt a Resolution for an Exception to the 180 Day
Waiting Period To Appoint, Michael Morgan, A
Retired Annuitant To Serve as Temporary Extra Help
(Government Code Sections 7522.56 and 21224) in
the Police Department to Perform Work as a Senior
Public Safety Dispatcher
Recommendation:
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030
REQUESTS
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, November 12, 2024 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda October 22, 2024
The time limit within which to commence any lawsuit or legal challenge to any quasi -adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi -adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA .gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U -verse channel 99), or the livestream on the City ’s YouTube channel or Facebook page.
Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.
AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.
Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.
LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City ’s official -notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City ’s website and in the City Clerk ’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk ’s Office at (408) 615-2220, email clerk@santaclaraca .gov <mailto :[email protected]> or at the public information desk at any City of Santa Clara public library.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City ’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk ’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability -related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City ’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.