City Council and Authorities Concurrent
Regular MeetingSanta Clara, CA · April 7, 2020
Agenda
City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Tuesday, April 7, 2020 2:00 PM City Hall Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
• With the heightened “Stay at Home” order by the State and the continued order by
the County, the Mayor will be present for the meeting with Councilmembers and
department heads participating online. A limited number of staff will also be
present. The meeting set-up is in line with the recommendations of the COVID-19
White House Task Force, which notes no more than 10 people gatherings.
• The City Cafeteria has been set up to accommodate up to 10 people at a time and
public comment will be given from that location.
• However, we encourage residents to stay at home and provide public comment:
o Via the City’s eComment section (now available during meeting)
o Via email to PublicComment@santaclaraca.gov
• As usual, the public can 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.
2:00 PM COUNCIL REGULAR MEETING
Call to Order
Pledge of Allegiance and Statement of Values
Roll Call
20-457 Conference with Legal Counsel-Anticipated Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation
Number of potential cases: 1
(Facts and Circumstances)
City as potential defendant: (1) Letter from Gibson Dunn law
firm, representing Related Santa Clara LLC, dated September
24, 2018 regarding Force Majeure under DDA; and, (2) Letter
from Related Santa Clara LLC, dated March 27, 2020 regarding
Force Majeure under DDA
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Council and Authorities Concurrent Meeting Agenda April 7, 2020
Meeting
20-459 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representative: Deanna J. Santana, City Manager (or
designee)
Employee Organization(s):
Unit #1-Santa Clara Firefighters Association, IAFF, Local 1171
Unit #2-Santa Clara Police Officer’s Association
Unit #3-IBEW Local 1245 (International Brotherhood of
Electrical Workers)
Unit #4-City of Santa Clara Professional Engineers
Units #5, 7 & 8-City of Santa Clara Employees Association
Unit #6-AFSCME Local 101 (American Federation of State,
County and Municipal Employees)
Unit #9-Miscellaneous Unclassified Management Employees
Unit #9A-Unclassified Police Management Employees
Unit #9B-Unclassified Fire Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees
Association)
Public Comment
The public may provide comments regarding the Closed Session item (s) just prior to the Council beginning the
Closed Session. Closed Sessions are not open to the public.
Convene to Closed Session (Council Conference Room)
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS
1. 20-437 Verbal Report from City Manager regarding COVID-19
Pandemic
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.]
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Council and Authorities Concurrent Meeting Agenda April 7, 2020
Meeting
2.A 20-06 Board, Commissions and Committee Minutes [Council Pillar:
Enhance Community Engagement and Transparency]
Recommendation: Note and file the Minutes of:
Youth Commission - February 11, 2020
2.B 20-253 Action on Bills and Claims Report (CC, SA) for the period
February 21st, 2020 - March 5th, 2020 [Council Pillars:
Enhance Community Engagement and Transparency]
Recommendation: Approve the list of Bills and Claims for February 21,
2020 - March 5, 2020.
2.C 20-269 Action on Bills and Claims Report (CC, SO) for the period March
6th, 2020 - March 19th, 2020 [Council Pillars: Enhance
Community Engagement and Transparency]
Recommendation: Approve the list of Bills and Claims for March 6, 2020
- March 19, 2020.
2.D 20-581 Adopt a Resolution to Modify Certain Parking Regulations on
Alfred Street and Jay Street [Council Pillar: Deliver and
Enhance Quality Efficient Services and Infrastructure]
Recommendation: Adopt a resolution to modify certain parking regulations on
Alfred Street and Jay Street.
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Meeting
2.E 20-1357 Action on Substation Service Agreement with MECP1 Santa
Clara 1, LLC for San Tomas Junction Substation and Related
Budget Amendment [Council Pillar: Deliver and Enhance High
Quality Efficient Services and Infrastructure]
Recommendation: 1. Authorize the City Manager to execute the
Substation Service Agreement with MECP1 Santa
Clara 1, LLC to allow SVP to design, procure
equipment, and construct 60kV facilities to serve
San Tomas Junction Substation to meet an ultimate
capacity of 99 MVA of permanent electric service
to 2201 Laurelwood Road, subject to the
appropriation of funds;
2. Authorize the City Manager to make minor
modifications to the Substation Service Agreement
and execute any and all associated documents;
3. Delegate authority to the City Manager to approve
long lead time material procurement agreements
and purchase orders;
4. Direct the Finance Department to create a new
Capital Improvement Program (CIP) project number
for the San Tomas Junction Substation project; and
5. Approve a budget amendment in the Electric Utility
Capital Fund to recognize developer contributions
in the amount of $1,300,000 and establish a new
San Tomas Junction Substation project in the
amount of $1,300,000 as a part of the
implementation of this Agreement.
2.F 20-25 Action on a Resolution to Adopt a List of Projects Funded by
Senate Bill 1, The Road Repair and Accountability Act, for
Fiscal Year 2020-21 [Council Pillar: Deliver and Enhance High
Quality Efficient Services and Infrastructure]
Recommendation: Adopt a Resolution to Adopt a List of Projects Funded
by Senate Bill 1, The Road Repair and Accountability
Act, for Fiscal Year 2020 -21.
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Meeting
2.G 20-75 Adoption of a Resolution of Intention for Maintenance District
No. 183 - Santa Clara Convention Center Complex [Council
Pillar: Deliver and Enhance Quality Efficient Services and
Infrastructure]
Recommendation: 1. Adopt a Resolution of Intention to order that the
alternative method for the levy of benefit assessment
be made applicable to the Santa Clara Convention
Center Complex Maintenance District No. 183;
2. Set a hearing date of June 2, 2020 to approve the
Director’s Report FY 2020/21; and
3. Authorize the publication, mailing, and posting of
the notice of public hearing as stated in the Resolution
of Intention.
2.H 20-76 Adoption of a Resolution of Intention for Parking Maintenance
District No. 122 - Franklin Square [Council Pillar: Deliver and
Enhance Quality Efficient Services and Infrastructure]
Recommendation: 1. Adopt a Resolution of Intention to order that the
alternative method for the levy of benefit assessment
be made applicable to the City of Santa Clara Parking
Maintenance District No. 122;
2. Set a hearing date of June 2, 2020 to approve the
Director’s Report FY 2020/21; and
3. Authorize the publication, mailing, and posting of
the notice of public hearing as stated in the Resolution
of Intention.
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Meeting
2.I 20-109 Action on a Design Professional Services Agreement with Alta
Planning + Design for the Pruneridge Avenue Complete Streets
Plan Project and Related Budget Amendments [Council Pillar:
Deliver and Enhance High Quality Efficient Services and
Infrastructure]
Recommendation: 1. Approve and authorize the City Manager to
execute the Agreement for Design Professional
Services with Alta Planning + Design for the
Pruneridge Avenue Complete Streets Plan in the
amount not-to-exceed $398,245;
2. Approve a budget amendment in the Streets and
Highway Fund to establish an appropriation for the
new CIP project - Pruneridge Avenue Complete
Streets Plan project in the amount of $398,245,
increase the revenue estimate in the amount of
$351,077 to recognize the Caltrans Sustainable
Communities Grant, and decrease the Pedestrian
and Bicycle Enhancement Facilities Project in the
amount of $47,168; and
3. Authorize the City Manager to make minor
modifications, including time extensions, to the
Agreement, if necessary.
2.J 20-121 Action on 2020 Legislative Advocacy Positions [Council Pillar:
Enhance Community Engagement and Transparency]
Recommendation: Adopt the 2020 Legislative Advocacy Positions on
Affordable Housing and Homelessness; COVID-19
Legislation; Council Districting, Campaign Reform
and Public Records; Energy Legislation Regulation
and Issues; Engagement with Federal Aviation
Administration Regarding Airplane Noise; Human
Resources/Public Sector Employment; Local Authority
over Wireless Telecommunications Facilities and
Cable Services; Public Safety; Regional and
State-wide Water Supply and Conservation; Regional
Issues and Collaboration; Regional Transportation
Issues; Santa Clara Federal Legislative Priorities;
School Mitigation Fees; and Sustainability and
Environmental Legislation, Regulations and Issues.
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Council and Authorities Concurrent Meeting Agenda April 7, 2020
Meeting
2.K 20-156 Action on Award of Contract for the 2020 Pavement
Preservation Project (CE 18-19-12) and Related Budget
Amendment [Council Pillar: Deliver and Enhance High Quality
Efficient Services and Infrastructure]
Recommendation: 1. Award the Public Works Contract for the 2020
Pavement Preservation Project (CE 18-19-12) to
the lowest responsive and responsible bidder, G.
Bortolotto & Company, Inc., in the amount of
$4,291,087 and authorize the City Manager to
execute any and all documents associated with,
and necessary for the award, completion, and
acceptance of this Project;
2. Authorize the City Manager to execute change
orders up to approximately 10 percent of the
original contract price, or $429,109, for a total
project budget not to exceed amount of
$4,720,196; and
3. Approve the budget amendment in the Streets and
Highways Capital Fund to recognize transfers of
$116,855 from the Water Utility Fund and $74,725
from the Sewer Utility Fund, reduce the Annual
Street Maintenance and Rehabilitation Project by
$572,616 and increase the Santa Clara Various
Streets and Roads Preservation project by
$764,196; in the Water Utility Fund, establish a
transfer to the Streets and Highways Capital Fund
and reduce the unrestricted ending fund balance by
$116,855; and in the Sewer Utility Fund, establish a
transfer to Streets and Highways Capital Fund and
reduce the unrestricted ending fund balance by
$74,725.
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Meeting
2.L 20-245 Action on the Agreement with National Car Charging LLC for EV
Charging Installations and Approve Related Budget Amendment
[Council Pillars: Deliver and Enhance High Quality Efficient
Services and Infrastructure and Sustainability]
Recommendation: 1. Approve the addition of the new Capital
Improvement Program (CIP) Project - Electric
Vehicle Charging Project - to the FY 2019/20 CIP
Budget;
2. Approve the related budget amendment in the
Electric Operating Grant Trust Fund to reduce the
Greenhouse Gas Mandated Program Costs by
$250,000, reduce the Low Carbon Fuel Reserve
by $1,250,000 and transfer $1,500,000 to the
Electric Capital Fund; in the Electric Capital Fund,
recognize a transfer from the Electric Operating
Grant Trust Fund in the amount of $1,500,000 and
establish an Electric Vehicle Charging Project in
the amount of $1,500,000;
3. Authorize the City Manager, or their designee, to
execute the Agreement for Services with National
Car Charging LLC for EV Charging Installations
for a five-year term in an amount not to exceed
$2,000,000, subject to the appropriation of funds;
4. Authorize the City Manager or their designee, to
execute the ChargePoint Master Services and
Subscription Agreement and the ChargePoint
Assure Terms and Conditions of Service;
5. Authorize the City Manager, or their designee, to
set retail EV charging rates, approve time
extensions and make minor modifications to the
agreements, if necessary; and
6. Authorize the City Manager to execute any and all
future associated master service and subscription
agreements, and maintenance agreements and
amendments for EV charger suppliers.
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Council and Authorities Concurrent Meeting Agenda April 7, 2020
Meeting
2.M 20-450 Action on Adoption of Ordinance No. 2013 Amending Chapter
9.30 of the City Code (“Trespassing”) Related to the Storage
and Removal of Personal Property from Public Property [Council
Pillar: Deliver and Enhance High Quality Efficient Services and
Infrastructure]
Recommendation: Adopt Ordinance No. 2013 Amending Chapter 9.30 of
the City Code (“Trespassing”) Related to the Storage
and Removal of Personal Property from Public
Property.
2.N 20-247 Action on the Introduction of an Ordinance Adding a New
Chapter 10.06 to Title 10 of the City Code (“Vehicles and
Traffic”) Related to Illegal Street Racing and Sideshows
[Council Pillar: Deliver and Enhance High Quality Efficient
Services and Infrastructure]
Recommendation: Approve the Introduction of an Ordinance Amending
Chapter 10 of the City Code (“Vehicles and Traffic”).
2.O 20-248 Action on the Introduction of an Ordinance Amending Chapters
5.75 (“Bingo”) and 10.20 (“Funeral Escort Services”) of “The
Code of the City of Santa Clara, California” to Make Correlating
Changes to Ensure Consistency with the Recent Revision and
Renumbering of Chapter 2.115 ("General Characteristics of
License or Permit - Suspension Procedure") [Council Pillar:
Deliver and Enhance High Quality Efficient Services and
Infrastructure]
Recommendation: Introduce an Ordinance amending Chapters 5.75
(“Bingo”) and 10.20 (“Funeral Escort Services”) of
“The Code of the City of Santa Clara, California” to
make correlating changes to ensure consistency with
the recent revision and renumbering of Chapter 2.115
("General Characteristics of License or Permit -
Suspension Procedure").
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Meeting
2.P 20-249 Action on Amendments to the Promissory Note and Covenants
with Riverwood Place Associates, L.P. (MidPen Housing
Corporation) to Extend the Affordable Housing Requirements for
148 Rental Units within the Project Located at 5090 Lick Mill
Boulevard [Council Pillars: Promote and Enhance Economic and
Housing Development]
Recommendation: Approve the proposed amendments to the
Promissory Note and Covenants with Riverwood
Place Associates, L.P. (MidPen Housing
Corporation) to extend the affordable housing
requirements for 148 rental units within the project
located at 5090 Lick Mill Boulevard and to make
modifications to the Promissory Note and Covenants
as reviewed by the City Attorney for form and
consistency.
2.Q 20-268 Action on the Fiscal Operation of the Santa Clara Golf and
Tennis Club Report for the 2nd Quarter ended December 31,
2019 [Council Pillar: Enhance Community Engagement and
Transparency]
Recommendation: Note and file the Status Report for the Fiscal
Operation of the Santa Clara Golf and Tennis Club for
the second quarter ended December 31, 2019.
2.R 20-270 Action on Monthly Financial Status and Investment Reports for
January 2020 and Approve the Related Budget Amendments
[Council Pillar: Enhance Community Engagement and
Transparency]
Recommendation: Note and file the Monthly Financial Status and
Investment Reports for January 2020 as presented
and Approve Related Budget Amendments.
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Council and Authorities Concurrent Meeting Agenda April 7, 2020
Meeting
2.S 20-273 Action to Approve Various As-Needed Class Specifications for
the Student Internship Program and Adopt a Resolution
Approving and Adopting Updated Salary Plans for Various
As-Needed Positions [Council Pillar: Manage Strategically Our
Workforce Capacity and Resources]
Recommendation: 1. Approve modifications to various class
specifications and establish salary ranges:
Revise and retitle Student Intern I and create
the Student Intern II/III class specifications; and
2. Adopt a Resolution approving the revised
salary plans for various as-needed positions to
satisfy the requirements of California Code of
Regulations Section 570.5.
2.T 20-299 Action on Grant from the County of Santa Clara’s Healthy Cities
Program - Tobacco - Free Communities Fund, and Related
Budget Amendment [Council Pillar: Enhance Community
Engagement and Transparency]
Recommendation: Alternatives 1 and 3:
1. Authorize the City Manager to negotiate and
execute a grant agreement with the Santa Clara
County Public Health Department to reduce youth
access and exposure to tobacco products; and
3. Approve the FY 2020/21 budget amendment in the
Other City Departments Operating Grant Trust Fund to
recognize grant revenue in the amount of $48,944 and
establish funding for the Healthy Cities Program -
Tobacco Free Communities in the City Manager’s
Office to help cover operating expenses for
implementing the proposed revised ordinance.
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Meeting
2.U 20-301 Action on a Purchase Order with Dominguez & Sons Trucking,
Inc. for Cleanup Campaign Trucking Services [Council Pillar:
Deliver and Enhance Quality Efficient Services and
Infrastructure]
Recommendation: 1. Approve a purchase order with Dominguez & Sons
Trucking, Inc. not to exceed $294,975 for the Fiscal
Year 2019/2020 CUC;
2. Approve four, one-year options to renew the
purchase order, subject to the aforementioned
escalation provisions, and the annual appropriation
of funds; and
3. Authorize the City Manager to make minor
modifications to the purchase order, including time
extensions, as necessary.
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Meeting
2.V 20-305 Action on a Resolution for the Use of City Electric Forces at
Various Locations and Approve Related Budget Amendments
[Council Pillar: Deliver and Enhance High Quality Efficient
Services and Infrastructure]
Recommendation: 1. Adopt a Resolution approving the use of City
Electric Forces for the installation of facilities at
Stender Way at Coronado Drive, Lawrence
Station - throughout site connecting customer
owned lights to SVP circuit, 3615 El Camino Real,
1150 Walsh Avenue, 3215 Stevens Creek
Boulevard, 3505 Kifer Road (area bordered by
Kifer Road, Lawrence Expressway and Central
Expressway), 2055 Lafayette Street, 3655 Tahoe
Way, 100 North Winchester Boulevard, and Serra
Substation; and
2. Approve the related budget amendments: in the
Electric Utility Fund, reduce the Salaries and
Benefits budget by $1,789,464 and transfer this
amount to the Electric Capital Fund; in the Electric
Capital Fund, recognize a transfer from the
Electric Utility Fund in the amount of $1,789,464
and increase the New Business Estimate Work
project appropriation by the same amount; and in
the Street Lighting Capital Fund, reduce the
unrestricted ending fund balance by $27,440 and
increase the New Development Street Lighting
project appropriation by the same amount.
2.W 20-350 Action to Adopt a Resolution Authorizing the City to Access
State and Federal Summary Criminal History Background
Information for New Employees and Volunteers Through the
California Department of Justice and Federal Bureau of
Investigation [Council Pillar: Manage Strategically Our
Workforce Capacity and Resources]
Recommendation: Adopt a Resolution Authorizing the City to Access
Federal Summary Criminal History Background
Information for New Employees and Volunteers
Through the California Department of Justice and
Federal Bureau of Investigation.
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Council and Authorities Concurrent Meeting Agenda April 7, 2020
Meeting
2.X 20-428 Actions to Approve Various Modified Class Specifications
[Council Pillar: Manage Strategically Our Workforce Capacity
and Resources]
Recommendation: Approve modifications to various class specifications:
Fire Prevention Specialist I, Fire Prevention Specialist
II, Office Specialist III, and Senior Inspector.
2.Y 20-239 Action on an Agreement for Services with Efficiency Services
Group, LLC to Provide the Commercial Parking Lot & Exterior
Lighting Third Party Energy Efficiency Program [Council Pillar:
Sustainability]
Recommendation: Authorize the City Manager to execute an Agreement
for Services with Efficiency Services Group, LLC to
provide the Commercial Parking Lot & Exterior
Lighting Third Party Energy Efficiency Program.
2.Z 20-297 Update on project located at 500 Benton Street with Republic
Metropolitan LLC [Council Pillar: Promote and Enhance
Economic and Housing Development]
Recommendation: Note and File the Informational Memo on the project
located at 500 Benton Street with Republic
Metropolitan LLC.
2.AA 20-449 Informational Report on 2020 Stadium Operation and
Maintenance Plan [Board Pillar: Enhance Compliance with J
and Manage Levi’s Stadium]
Recommendation: Note and file the Informational Report on 2020
Stadium Operation and Maintenance Plan.
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
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Meeting
3. 20-1154 Public Hearing: Action on Adopting a Resolution Approving the
Update to the Sewer System Management Plan (SSMP) for the
City of Santa Clara [Council Pillar: Deliver and Enhance High
Quality Efficient Services and Infrastructure]
Recommendation: Adopt the Resolution to Approve the Update to the
Sanitary Sewer Management Plan (SSMP).
4. 20-434 Action on a Resolution Authorizing Documents and Actions
Relating to Execution and Delivery of Three (3) Loan
Agreements with Bank of America, N.A. and the Issuance and
Delivery of the City’s Subordinated Electric Revenue Refunding
Bonds, Series 2020-1, Series 2020-2 and Series 2020-3
[Council Pillar: Deliver and Enhance High Quality Efficient
Services and Infrastructure]
Recommendation: Adopt the Resolution authorizing and approving the
execution and delivery of three Loan Agreements
between Bank of America N.A. and the issuance and
delivery of the City’s Subordinated Electric Revenue
Refunding Bonds, Series 2020-1, Series 2020-2 and
Series 2020-3 for the refunding of certain outstanding
bonds of the City, and authorize the City Manager to
execute all necessary documents, in substantially
similar form as presented, in connection with the
issuance, and authorize certain actions related thereto
to complete the transactions.
5. 20-136 Action on an Ordinance to Establish a Temporary Moratorium
on Evictions for the Non-payment of Rent and No-Fault
Evictions for Residential Tenants with incomes affected by the
novel coronavirus (COVID-19)
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
20-256 Update on City Council and Stadium Authority Staff Referrals
[Council Pillar: Enhance Community Engagement and
Transparency]
ADJOURNMENT
City of Santa Clara Page 15 of 16 Printed on 4/6/2020
Council and Authorities Concurrent Meeting Agenda April 7, 2020
Meeting
The next regular scheduled meeting is on Tuesday evening, April 28, 2020 in the City Hall
Council Chambers.
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.
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)
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:clerk@santaclaraca.gov> 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."
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