City of Santa Clara
Meeting Minutes of the
Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Draft
4:30 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
08/20/2024
Councilmember Park participated remotely from the following location: Fairmont Seoul Hotel, 108 Yeoui-daero, Yeongdeungpo District, Seoul, South Korea 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/9970675
Meeting ID: 997-0675-9306
o Phone 1(669) 900-9306
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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 forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material.
Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.
NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Sana Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or [email protected].
Closed Session - 4:30 PM | Regular Meeting - 7:00 PM
4:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the Closed Session to order at 4:32 PM.
Mayor Gillmor called the Closed Session to order at 4:32 PM. 08/20/2024Joint City Council and Authorities Concurrent & Santa Clara Stadium Authority Board Meeting
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Confirmation of Quorum
Assistant City Clerk Pimentel confirmed a quorum.
1. 24-791 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jovan D. Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen R. Googins
Employee Organization(s):
Unit # 6 - AFSCME Local 101 (American Federal of State, County and Municipal Employees)
Unit # 9 - Miscellaneous Unclassified Management Employees Unit #10 - PSNSEA (Public Safety Non-Sworn Employees Association) Public Comment
None.
Convene to Closed Session (Council Conference Room)
Council adjourned into closed session at 4:34 PM.
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
Roll Call
Council/Board recited the Pledge of Allegiance.
Council/Boardmember Jain recited the Statement of Values.
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 whom they represent.
Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Karen Hardy, Council/Boardmember Suds Jain, Vice Mayor/Chair Anthony Becker, Mayor/Chair Lisa Gilmor.
Present: 6 -
Absent: 1 - Council /Boardmember Kevin Park.
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REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Chief Assistant City Attorney Reuter noted that there was no reportable action from Closed Session.
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
None.
2. 24-819 Continuance of an Action on the Adoption of a Revised Zoning Map that resolves inconsistencies with the City’s General Plan Land Use Diagram to a date certain of September 24, 2024
Recommendation:
Staff recommends that the City Council open the public hearing on this item and then immediately continue the request to September 24, 2024.
City Manager Grogan noted that this item will be continued to September 24, 2024. He also noted that another mailing will be conducted to notify all appropriate neighbors.
Assistant City Clerk Pimentel noted at 7:05 PM that
Council/Boardmember Park is participating from the remote location posted on the agenda.
Council/Boardmember Park noted that the agenda is posted at his remote location and is accessible to the public.
Mayor Gillmor opened the Public Hearing.
A motion was made by Councilmember Chahal, seconded by
Councilmember Watanabe, to continue this item to September 24, 2024 Council and Authorities Concurrent meeting.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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SPECIAL ORDER OF BUSINESS
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3.A 24-307
3.B 24-105
3.C 24-749
CONSENT CALENDAR
Presentation from Santa Clara Sister Cities Association and Students for Recent Visit to Izumo, Japan
Mayor Gillmor introduced Jeanine Soterwood (Secretary of the Santa Clara Sister Cities Association) who provided opening remarks. The following students gave a Powerpoint presentation of their visit to Izumo, Japan: Brianna Ortega, Svara Kalamkar, and Namita Gaidhani.
Council comments followed.
Recognition of American Muslim Appreciation and Awareness Month for 2024
Mayor Gillmor, on behalf of the Council, recognized the American Muslim Appreciation and Awareness Month for 2024. Mayor Gillmor introduced Michelle Lee (Governance Board President, CAIR-SFBA) who provided some remarks. Samer Darwish (President, Muslim Community Association) also provided some remarks.
Proclamation of August 24, 2024 as Ukrainian Independence Day Mayor Gillmor, on behalf of the Council, proclaimed August 24, 2024 as Ukrainian Independence Day. Mayor Gillmor introduced Iryna Anpilogova (President, Ukrainian National Women's League of America Branch 107) who provided some remarks.
Council comments followed.
Councilmember Chahal recused himself from Item 4.J regarding an easement at 1111 Comstock Street due to his property being within 1000 feet of the subject property.
A motion was made by Council/Boardmember Chahal, seconded by Council/Boardmember Hardy, 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
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4.A 24-156 Action on May 28, 2024 Joint Council and Authorities Concurrent & Stadium Authority Meeting Minutes
Recommendation: Approve the May 28, 2024 Joint Council and Authorities Concurrent & Stadium Authority Meeting Minutes.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to approve the May 28, 2024 Joint Council and Authorities Concurrent & Santa Clara Stadium Authority Meeting Minutes.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
4.B 24-14
Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Bicycle & Pedestrian Advisory Committee - April 1, 2024 Cultural Commission - June 3, 2024
Board of Library Trustees - June 3, 2024
Civil Service Commission - April 11, 2024
Civil Service Commission - May 9, 2024
Civil Service Commission - June 13, 2024
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to note and file the Minutes of:
Bicycle & Pedestrian Advisory Committee - April 1,
2024, Cultural Commission - June 3, 2024, Board of Library Trustees - June 3, 2024, Civil Service Commission - April 11, 2024 Civil Service Commission - May 9, 2024, and Civil Service Commission - June 13, 2024.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
4.C 24-724
Action on City Bills and Claims Report for the period June 8, 2024 - July 19, 2024
Recommendation:
Approve the list of Bills and Claims for June 8, 2024 - July 19, 2024.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to approve the list of Bills and Claims for June 8, 2024 - July 19, 2024.
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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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4.D 24-696
Action to Authorize the City Manager to Execute Purchase Orders with Flyers Energy, LLC to Provide Various Mobil and Chevron Oils and Lubricants to Silicon Valley Power
Recommendation:
1. Authorize the City Manager or designee to execute Purchase Orders with Flyers Energy, LLC for a total maximum aggregate compensation of $100,000 to provide various Mobil and Chevron oils and lubricants to Silicon Valley Power for the period starting on or around September 1, 2024, through August 31, 2025, to be funded by the Electric Utility Fund, subject to the review and approval as to form by the City Attorney; and
2. Authorize the City Manager or designee to issue additional Purchase Orders through June 30, 2029 to (a) order additional supplies subject to maximum compensation limits, (b) adjust rates based on evaluation compared to the applicable market index, or (c) increase the total maximum aggregate compensation to $500,000 over the five-year period, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to (1) authorize the City Manager or designee to execute Purchase Orders with Flyers Energy, LLC for a total maximum aggregate compensation of $100,000 to provide various Mobil and Chevron oils and lubricants to Silicon Valley Power for the period starting on or around September 1, 2024, through August 31, 2025, to be funded by the Electric Utility Fund, subject to the review and approval as to form by the City Attorney; and (2) authorize the City Manager or designee to issue additional Purchase Orders through June 30, 2029 to (a) order additional supplies subject to maximum compensation limits, (b) adjust rates based on evaluation compared to the applicable market index, or (c) increase the total maximum aggregate compensation to $500,000 over the five-year period, subject to the appropriation of funds and the 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
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4.E 24-697 Authorize the City Manager to Negotiate and Execute Agreements for Services with Pro Safety & Rescue, Inc. and Hazardous Materials Institute LLC for Confined Space Rescue Team Services for Silicon Valley Power Recommendation:
1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations;
2. Authorize the City Manager to negotiate and execute an Agreement for Services with Pro Safety & Rescue, Inc. for confined space rescue team services for a five-year term ending on July 31, 2029, with a maximum compensation not to exceed $750,000, to be funded by the SVP Operating or Capital Fund as applicable, subject to the review and approval as to form by the City Attorney;
3. Authorize the City Manager to negotiate and execute an Agreement for Services with Hazardous Materials Institute LLC for confined space rescue team services for a five-year term ending on July 31, 2029, with a maximum compensation not to exceed $750,000, to be funded by the SVP Operating or Capital Fund as applicable, subject to the review and approval as to form by the City Attorney; and
4. Authorize the
City Manager or designee to take any actions as
necessary to implement and administer the above agreements 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) increase compensation up to an aggregate amount of $500,000 for a total aggregate maximum compensation of $2,000,000 between the two agreements, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to: (1) determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; (2) authorize the City Manager to negotiate and execute an Agreement for Services with Pro Safety & Rescue, Inc. for confined space rescue team services for a five-year term ending on July 31, 2029, with a maximum compensation not to exceed $750,000, to be funded by the SVP Operating or Capital Fund as applicable, subject to the review and approval as to form by the City Attorney; (3) authorize the City Manager to negotiate and execute an Agreement for Services with Hazardous Materials Institute LLC for confined space rescue team services for a five-year term ending on July 31, 2029, with a maximum compensation not to exceed $750,000, to be funded by the Silicon Valley Power Operating or Capital Fund as applicable, subject to the review and approval as to
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form by the City Attorney; and (4) authorize the City Manager or designee to take any actions as necessary to implement and administer the above agreements 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; and (c) increase compensation up to an aggregate amount of $500,000 for a total aggregate maximum compensation of $2,000,000 between the two 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 Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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4.F 24-45 Action to Authorize the City Manager to Negotiate and Execute Amendments to Agreements with Henkels & McCoy West, LLC and PAR Western Line Contractors, LLC for As-Needed Preventative Maintenance, Inspection, and Repair Services for Silicon Valley Power’s Utility Overhead and Underground Transmission Facilities and Distribution Systems and Approve Related Budget Amendment
Recommendation:
1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations;
2. . Approve the following FY 2024/25 budget amendments:
A. In the Electric Utility Fund, increase the transfer to the Electric Utility Capital Fund and decrease the Unrestricted Ending Fund Balance in the amount of $5.0 million (five affirmative Council votes required for the use of unused balances); and
B. In the Electric Utility Capital Fund, increase the transfer from the Electric Utility Fund and increase the Transmission and Distribution Betterments Project in the amount of $5.0 million (five affirmative Council votes required to appropriate additional revenue).
3. Authorize the City Manager or designee to negotiate and execute amendments to the agreements with Henkels & McCoy West, LLC and PAR Western Line Contractors, LLC for as-needed preventative maintenance, inspection, and repair services for Silicon Valley Power’s Utility overhead and underground transmission facilities and distribution systems for a five-year term ending May 31, 2029, to (a) increase the maximum compensation of each agreement, with a total aggregate maximum compensation of $20,000,000 between both agreements, (b) add or delete services consistent with the scope of services, (c) adjust future rates to account for changes such as contractor labor rates, (d) authorize a one-year option to extend the term of each agreement through May 31, 2030, to be funded by the SVP Operating or Capital Fund as applicable and subject to the appropriation of funds and the review and approval as to form by the City Attorney; and
4. Authorize the City Manager to take any actions as necessary to implement and administer the above agreements.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to (1) determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; (2) approve the following FY 2024/25 budget amendments: (a) In the Electric Utility Fund, increase the transfer to the Electric Utility
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Capital Fund and decrease the Unrestricted Ending Fund Balance in the amount of $5.0 million (five affirmative Council votes required for the use of unused balances); and (b) In the Electric Utility Capital Fund, increase the transfer from the Electric Utility Fund and increase the Transmission and Distribution Betterments Project in the amount of $5.0 million (five affirmative Council votes required to appropriate additional revenue); (3) authorize the City Manager or designee to negotiate and execute amendments to the agreements with Henkels & McCoy West, LLC and PAR Western Line
Contractors, LLC for as-needed preventative maintenance, inspection, and repair services for Silicon Valley Power’s Utility overhead and underground transmission facilities and distribution systems for a five-year term ending May 31, 2029, to (a) increase the maximum compensation of each agreement, with a total aggregate maximum compensation of $20,000,000 between both agreements, (b) add or delete services consistent with the scope of services, (c) adjust future rates to account for changes such as contractor labor rates, (d) authorize a one-year option to extend the term of each agreement through May 31, 2030, to be funded by the Silicon Valley Power
Operating or Capital Fund as applicable and subject to the appropriation of funds and the review and approval as to form by the City Attorney; and (4) authorize the City Manager to take any actions
as necessary to implement and administer the above
agreements.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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4.G 24-44 Action to Authorize the City Manager to Negotiate and Execute Amendments to Agreements with (a) Rising Edge Technologies (California), LLC, (b) Power Systems Professionals, Inc., (c) Electric Power Systems International, Inc., and (d) Delta Star, Inc. for As-Needed Maintenance, Repair, and Testing Services for Electrical Equipment for Silicon Valley Power
Recommendation:
1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations;
2. Authorize the City Manager or designee to negotiate and execute amendments to agreements with: (a) Rising Edge Technologies (California), LLC, (b) Power Systems Professionals, Inc., (c) Electric Power Systems International, Inc., and (d) Delta Star, Inc., for as-needed electrical equipment maintenance, repair, and testing services for a five-year term ending May 31, 2029, to (a) increase the maximum compensation of each agreement, with a total aggregate maximum compensation of $10,000,000 among the four agreements, (b) add or delete services consistent with the scope of services, (c) adjust future rates to account for changes in labor rates, and (d) exercise a one-year option to extend the term of each agreement through May 31, 2030, to be funded by the SVP Operating or Capital Fund as applicable, subject to the appropriation of funds and the review and approval as to form by the City Attorney; and
3. Authorize the City Manager to take any actions as necessary to implement and administer the above agreements as amended.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to (1) determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; (2) authorize the City Manager or designee to negotiate and execute amendments to agreements with: (a) Rising Edge Technologies (California), LLC, (b) Power Systems Professionals, Inc., (c) Electric Power Systems International, Inc., and (d) Delta Star, Inc., for as-needed electrical equipment maintenance, repair, and testing services for a five-year term ending May 31, 2029, to (a) increase the maximum compensation of each agreement, with a total aggregate maximum compensation of $10,000,000 among the four
agreements, (b) add or delete services consistent with the scope of services, (c) adjust future rates to account for changes in labor rates, and (d) exercise a one-year option to extend the term of each agreement through May 31, 2030, to be funded by the SVP Operating or Capital Fund as applicable, subject to the appropriation of funds and the review and approval as to form by
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the City Attorney; and (3) authorize the City Manager to take any actions as necessary to implement and administer the above agreements as amended.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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4.H 24-590
Action to approve and authorize the City Manager to execute Amendment No. 1 to the Amended and Restated Affordable Housing Agreement with SHAC LS Apartments II, LLC for 3580 Rambla Place Building A in a final form approved by the City Attorney, execute minor amendments thereto, and to take any other action necessary to implement the requirement to reduce the number of affordable rental units from 53 to 43 and lower the affordability levels at 3580 Rambla Place Building A.
Recommendation:
Approve and authorize the City Manager to execute Amendment No. 1 to the Amended and Restated Affordable Housing Agreement with SHAC LS Apartments II, LLC for 3580 Rambla Place Building A in a final form approved by the City Attorney, execute minor amendments thereto, and to take any other action necessary to implement the requirement to reduce the number of affordable rental units from 53 to 43 and lower the affordability levels at 3580 Rambla Place Building A.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to approve and authorize the City Manager to execute Amendment No. 1 to the Amended and Restated
Affordable Housing Agreement with SHAC LS Apartments II, LLC for 3580 Rambla Place Building A in a final form approved by the City Attorney, execute minor amendments thereto, and to take any other action necessary to implement the requirement to reduce the number of affordable rental units from 53 to 43 and lower the affordability levels at 3580 Rambla Place Building A.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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4.I 24-688 Action on Amendment No. 2 to the Agreement with Granicus, LLC for the City’s Website Content Management System
Recommendation: 1. Authorize the City Manager or designee to negotiate and execute Amendment No. 2 to the Agreement with Granicus, LLC for a software-as-a-service content management system including software subscription, web design, support and maintenance, and related professional services to extend the term of the agreement through August 31, 2027 and increase the maximum compensation by $320,884.52 for a revised not-to-exceed maximum amount of $983,999.52, 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 with Granicus, LLC and negotiate and execute amendments to (a) add and/or delete system functionalities as required within contractual maximum compensation limitations, (b) exercise the option to extend the term of the agreement for up to three years through August 31, 2030, and increase the maximum compensation by an additional $353,000 for a total aggregate maximum compensation not to exceed $1,336,999.52 for the extended term, subject to the appropriation of funds and approval as to form by the City Attorney.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to (1) authorize the City Manager or designee to negotiate and execute Amendment No. 2 to the Agreement with Granicus, LLC for a software-as-a-service content management system including software subscription, web design, support and maintenance, and related professional services to extend the term of the agreement through August 31, 2027 and increase the maximum compensation by $320,884.52 for a revised not-to-exceed maximum amount of $983,999.52, 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 with Granicus, LLC and negotiate and execute amendments to (a) add and/or delete system functionalities as required within contractual maximum compensation limitations, (b) exercise the option to extend the term of the agreement for up to three years through August 31, 2030, and increase the maximum compensation by an additional $353,000 for a total aggregate maximum compensation not to exceed $1,336,999.52 for the extended term, subject to the 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
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4.J 24-633
Action on a Resolution Ordering the Vacation of an Emergency Vehicle Access Easement At 1111 Comstock Street
Recommendation:
1. Adopt a Resolution Ordering the Vacation of the Emergency Vehicle Access Easement at 1111 Comstock Street [APN 224-08-092]; and
2. Authorize the recordation of the Resolution.
Councilmember Chahal recused himself from this item due to his property being within 1000 feet of the subject property.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to (1) adopt Resolution No. 24-9351 ordering the Vacation of the Emergency Vehicle Access Easement at 1111 Comstock Street [APN 224-08-092]; and (2) authorize the recordation of the Resolution.
Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Recused: Councilmember Chahal1 -
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4.K 24-510 Action to Adopt the Americans with Disabilities Act Self-Evaluation and Transition Plan, Unfreeze 1.0 Associate Engineer position in the Department of Public Works to Support ADA Plan Implementation, and Approve Related Budget Amendments
Recommendation:
1. Adopt the Americans with Disabilities Act Self-Evaluation and Transition Plan;
2. Authorize the City Manager to take any and all actions necessary to modify, edit, update, maintain, and implement the Self-Evaluation and Transition Plan;
3. Approve Unfreezing of 1.0 Associate Engineer position in the Department of Public Works; and
4. Approve the FY 2024/25 budget amendment in the General Fund to increase the Department of Public Works budget and decrease the Budget Stabilization Reserve in the amount of $200,000 (five affirmative Council votes required for the use of unused balances).
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to (1) adopt the Americans with Disabilities Act Self- Evaluation and Transition Plan; (2) authorize the City Manager to take any and all actions necessary to modify, edit, update, maintain, and implement the Self-Evaluation and Transition Plan; (3) approve Unfreezing of 1.0 Associate Engineer position in the Department of Public Works; and (4) approve the FY 2024/25 budget amendment in the General Fund to increase the Department of Public Works budget and decrease the Budget Stabilization Reserve in the amount of $200,000
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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4.L 24-754 Action on Two Resignations: One Resignation on the Bicycle and Pedestrian Advisory Committee and One resignation on the Cultural Commission. and Appointment from the Council Approved Eligibility List Recommendation:
Accept the resignation of outgoing Committee member Clark Seninger and Commissioner Paul McNamara effective immediately; declare the vacancy on the Bicycle and Pedestrian Advisory Committee and Cultural Commission; and appoint from the Council approved eligibility list: Hung Duong to the Bicycle and Pedestrian Advisory Committee to fill a partial-term ending June 30, 2027 and Swami Krishnamoorthy to the Cultural Commission for a partial term ending June 30, 2028.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to accept the resignation of outgoing Bicycle and Pedestrian Advisory Committee member Clark Seninger and Cultural Commissioner Paul McNamara effective immediately; declare the vacancy on the Bicycle and Pedestrian Advisory Committee and Cultural Commission; and appoint from the Council approved eligibility list: Hung Duong to the Bicycle and Pedestrian Advisory Committee for the partial-term ending June 30, 2027 and Swami Krishnamoorthy to the Cultural Commission for the partial term ending June 30, 2028.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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4.M 24-782
Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2025
Recommendation:
Set the 2025 calendar year Council and Authorities Concurrent and Stadium Authority as reflected on the attached calendar.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to set the 2025 calendar year Council and Authorities Concurrent and Stadium Authority.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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4.N 24-801 Action to Waive Second Reading and Adopt Ordinance No. 2070 to Amend Title 18 (“Zoning”) of the Santa Clara City Code (the Zoning Code “Cleanup” Ordinance), Including Changes to Single-Family Setbacks to be Consistent with the City’s Adopted Residential Design Guidelines.
Recommendation:
Waive second reading and adopt Ordinance No. 2070 to amend Title 18 (“Zoning”) of the Santa Clara City Code (the Zoning Code “Cleanup” Ordinance), including changes to single-family setbacks to be consistent with the City’s adopted Residential Design Guidelines.
A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to waive second reading and adopt
Ordinance No. 2070 amending Title 18 (“Zoning”) of the Santa Clara City Code (the Zoning Code “Cleanup” Ordinance), including changes to single-family setbacks to be consistent with the City’s adopted Residential Design Guidelines.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
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SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR
5. 24-694 Action on Stadium Authority Bills and Claims for the Month of June 2024 Recommendation: Approve the list of Stadium Authority Bills and Claims for June 2024.
A motion was made by Boardmember Chahal, seconded by
Boardmember Hardy, to approve the list of Stadium Authority Bills and Claims for June 2024.
Aye:
Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Boardmember Park, Boardmember Jain, Vice Chair Becker, and Chair Gillmor
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PUBLIC PRESENTATIONS
Satish Chandra expressed comments of concern regarding Council governance and communication.
Kirk Vartan expressed comments regarding the Grand Jury report and First Amendment rights.
Howard Gibbins expressed gratitude to the Cultural Commission and Parks and Recreation Department for putting together community events.
He also noted future community events.
Harbir Bhatia expressed gratitude to the Council for recognizing Ukrainian Independence Day and spoke of Sister Cities International's support of Ukraine and global peace.
David Kertes expressed comments regarding the Grand Jury report and noted concerns regarding Council governance and transparency.
James Rowen expressed support for Ukraine and spoke of the importance of Councilmembers being good public servants. 24-833
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CONSENT ITEMS PULLED FOR DISCUSSION
None.
PUBLIC HEARING/GENERAL BUSINESS
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6. 24-800 Note and File the Silicon Valley Power Bi-Annual Update Recommendation: Note and file the Silicon Valley Power Bi-Annual Update.
City Manager Grogan provided opening remarks and introduced Chief Electric Utility Officer Pineda who gave a Powerpoint presentation on the Silicon Valley Power Bi-Annual Update.
Council comments and questions followed.
Chief Electric Utility Officer Pineda addressed Council questions and concerns.
Public Comment: None.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy, to note and file the Silicon Valley Power Bi-Annual Update.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -
Councilmember Park left the meeting at 8:35 PM.
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7. 24-742 Approval of Twelve (12) New Positions for Silicon Valley Power and One (1) New Position in the City Attorney’s Office to Support Silicon Valley Power’s Expanded System
Recommendation:
That the City Council approve the addition of twelve new positions for Silicon Valley Power and 1.0 new position in the City Attorney’s Office to support Silicon Valley Power’s expanded system as follows:
· One Principal Electric Utility Engineer
· One Senior Electric Utility Engineer
· Three Electric Utility Engineers
· One Assistant Electric Utility Engineer
· One Electric Division Manager
· One Senior Resource Analyst
· One Principal Power Analyst
· One Senior Business Analyst
· Two Power Contract Specialists
· One Deputy City Attorney
Chief Electric Utility Officer Pineda gave a Powerpoint presentation on additional 12 new positions for Silicon Valley Power and 1 new position in the City Attorney's office.
Council comments and questions followed.
Chief Electric Utility Officer Pineda addressed Council questions.
Public Comment: None.
A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to approve the addition of 12 new positions for Silicon Valley Power and 1 new position in the City Attorney’s Office to support Silicon Valley Power’s expanded system as follows: one Principal Electric Utility Engineer, one Senior Electric Utility Engineer, three Electric Utility Engineers, one Assistant Electric Utility Engineer, one Electric Division Manager, one Senior Resource Analyst, one Principal Power Analyst, one Senior Business Analyst, two Power Contract Specialists, one Deputy City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Absent: Councilmember Park1 -
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8. 24-740 Action to Delegate Authority to the City Manager to Negotiate, Approve, and Execute Agreements with Aquamarine Westside, LLC and Castanea Project, LLC to Purchase Up to 350 MW of Solar and 135 MW of Battery Energy Storage for up to $73.2 Million Annually
Recommendation:
1. Authorize the City Manager or designee to negotiate, approve, and execute a Power Purchase Agreement with Aquamarine Westside, LLC to purchase renewable solar energy and associated attributes from the Aquamarine project on the terms presented, subject to the review and approval as to form by the City Attorney;
2. Authorize the City Manager or designee to negotiate, approve, and execute a Power Purchase Agreement with Castanea Project, LLC to purchase renewable solar energy, battery storage products, and associated attributes from the Castanea project on the terms presented, subject to the review and approval as to form by the City Attorney;
3. Authorize the City Manager or designee to execute all documents, agreements, and certificates as may be required under the terms of the above power purchase agreements, subject to the review and approval as to form of the City Attorney, including, but not limited to, collateral assignment agreements, estoppel certificates, and performance security documentation; and
4. Authorize the City Manager or designee to (a) take any and all actions as are necessary or advisable to implement and administer the power purchase agreements; and (b) approve and execute future amendments to the Agreements so long as the contract price and term are not modified, subject to the review and approval as to form by the City Attorney.
Chief Electric Utility Officer Pineda gave a Powerpoint presentation on the delegation of authority to the City Manager to negotiate, approve and execute agreements with Aquamarine Westside, LLC and Castanea Project, LLC to purchase up to 350 MW of Solar and 135 MW of battery Energy Storage for us to $72.2 million annually.
Council comments and questions followed.
Chief Electric Utility Officer Pineda addressed Council questions.
Public Comment: None.
A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to (1) authorize the City Manager or designee to negotiate, approve, and execute a Power Purchase Agreement with Aquamarine Westside, LLC to purchase renewable solar energy and associated attributes from the Aquamarine project
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on the terms presented, subject to the review and approval as to form by the City Attorney; (2) authorize the City Manager or designee to negotiate, approve, and execute a Power Purchase Agreement with Castanea Project, LLC to purchase renewable solar energy, battery storage products, and associated attributes from the Castanea project on the terms presented, subject to the review and approval as to form by the City Attorney; (3) authorize the City Manager or designee to execute all documents, agreements, and certificates as may be required under the terms of the above power purchase agreements, subject to the review and approval as to form of the City Attorney, including, but not limited to, collateral assignment agreements, estoppel certificates, and performance security documentation; and; (4) authorize the City Manager or designee to (a) take any and all actions as are necessary or advisable to implement and administer the power purchase agreements; and (b) approve and execute future amendments to the Agreements so long as the contract price and terms are not modified, subject to the review and approval as to form by the City Attorney.
Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Absent: Councilmember Park1 -
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030
REQUESTS
None.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
None.
The meeting was adjourned at 9:17 PM in memory of Elaine K.
Alquist (Senator), Edward Panelli (California Supreme Court Justice), Jose Rocha Gaspar and Shirley Durso.
A motion was made by Vice Mayor/Chair Becker, seconded by Council/Boardmember Chahal, to adjourn the meeting.
Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor
6 -
Absent: 1 - Council /Boardmember Park
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24-837 Post Meeting Material
The next regular scheduled meeting is on Tuesday, August 27, 2024 in the City Hall Council Chambers.
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MEETING DISCLOSURES
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 [email protected] <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.