City Council and Authorities Concurrent
Regular MeetingSanta Clara, CA · April 18, 2023
Agenda
City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Tuesday, April 18, 2023 4:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
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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disclosure pursuant to the California Public Records Act, that are distributed to a majority of the
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City of Santa Clara Page 1 of 14 Printed on 4/17/2023
Council and Authorities Concurrent Meeting Agenda April 18, 2023
Meeting
Closed Session - 4:00 PM | Study Session - 6:00 PM | Regular Meeting - 7:00 PM
4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1.A 23-528 Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 800 Mathew Street, Santa Clara, California 95050
(APN: 224-03-081)
City/Authority Negotiator: City Manager/Executive Director (or
designee)
Negotiating Parties: Jitendra G. Patel and Sashi J. Patel
Under Negotiation: Accord and Satisfaction (provisions, price
and terms of payment)
1.B 23-531 Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
City of Santa Clara v. Jitendra G. Patel, et al, Santa Clara
County Superior Court Case No. 21CV377579
1.C 23-523 Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
County Sanitation District 2-3, et al. v. City of Santa Clara, et al.,
Santa Clara County Superior Court Case No. 18CV325480
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)
6:00 PM STUDY SESSION
Call to Order in the Council Chambers
2. 23-1171 Cleanup Campaign Alternatives and Community Survey Results
Recommendation: Note and file the Report.
7:00 PM JOINT COUNCIL/STADIUM AUTHORITY MEETING
*Open Session to begin at 7:00 PM or shortly thereafter.
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Council and Authorities Concurrent Meeting Agenda April 18, 2023
Meeting
Call to Order
Call to Order in the Council Chambers (Open to the Public)
Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
3. 23-527 Per City Council Policy 042: Reconsideration of Council
Action-Reconsideration of Council action taken March 7, 2023
regarding a Resolution Declaring City-Owned Property Located
at 2319 Gianera Street as Surplus Land as Required by State
Law [APNs: 104-05-052] (Deferred from April 4, 2023)
Recommendation: Alternative 1: Approve a Resolution Declaring
City-Owned Property Located at 2319 Gianera Street
Surplus.
SPECIAL ORDER OF BUSINESS
4.A 23-386 Proclaim April as National Autism Acceptance Month
4.B 23-462 Proclamation of April 23-29, 2023 as National Library Week
4.C 23-551 Proclaim April 30 through May 6, 2023 as Municipal Clerks
Week
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.]
5.A 23-543 Action on the Minutes of March 7, 2023 Joint Council and
Authorities Concurrent and Santa Clara Stadium Authority
Meeting and the March 21, 2023 Joint Council and Authorities
Concurrent and Santa Clara Stadium Authority Meeting
Recommendation: Approve the Meeting Minutes Action on the Minutes of
March 7, 2023 Joint Council and Authorities
Concurrent and Santa Clara Stadium Authority
Meeting and the March 21, 2023 Joint Council and
Authorities Concurrent and Santa Clara Stadium
Authority Meeting.
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Council and Authorities Concurrent Meeting Agenda April 18, 2023
Meeting
5.B 23-11 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Senior Advisory Commission - February 27, 2023
Cultural Commission - March 6, 2023
Audit Committee - November 30, 2022
Audit Committee - February 3, 2023
Board of Library Trustees Minutes - January 26, 2023
Board of Library Trustees Minutes - February 16,
2023
Board of Library Trustees Minutes - March 6, 2023
Downtown Community Task Force (DCTF) Minutes -
January 19, 2023
Downtown Community Task Force (DCTF) Minutes -
February 6, 2023
Downtown Community Task Force (DCTF) Minutes -
February 16, 2023
Downtown Community Task Force (DCTF) Minutes -
November 18, 2021
5.C 23-159 Action on the Single Audit Report for Fiscal Year 2021-22
Recommendation: Note and file the City of Santa Clara Single Audit
Report for the year ended June 30, 2022, as
recommended by the Council Audit Committee.
5.D 23-1424 Action on an Agreement with Kimley-Horn and Associates, Inc
for Services for the Traffic Signal Management Software
Upgrade and Adaptive Signal System Project
Recommendation: 1. Authorize the City Manager or designee to execute
an agreement with Kimley-Horn and Associates, Inc.
for the purchase of a Citywide Advanced Traffic
Management System and Adaptive Traffic Control
System, including all software, hardware, and
professional services for design, implementation,
configuration, support, and maintenance, for a term
starting on or around May 1, 2023 and ending on or
around April 30, 2033, with maximum compensation
amount not-to-exceed $2,194,258, subject to the
appropriation of funds.
2. Authorize the City Manager or designee to execute
amendments to the agreement with Kimley-Horn and
Associates, Inc. to implement any changes and
enhancements to the system that may be required.
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Council and Authorities Concurrent Meeting Agenda April 18, 2023
Meeting
5.E 23-412 Action on Agreement for Services with Hexagon Transportation
Consultants, Inc. for Preparation and Application of a
Transportation Demand Management Monitoring and
Administration Program for Development Projects
Recommendation: 1. Approve and authorize the City Manager’s Office,
consistent with properly delegated authority or
existing policy, to execute an agreement with
Hexagon Transportation Consultants, Inc. for
preparation and application of a Transportation
Demand Management (TDM) monitoring and
administration program for development projects
for a three year term starting on May 1, 2023 and
ending on April 30, 2026 for a total maximum
compensation amount not to exceed $200,000;
and
2. Approve and authorize the City Manager’s Office
to execute amendments to the agreement to
extend the term and increase compensation as
may be required to support the requirements of the
TDM monitoring and administration program,
subject to appropriation of funds.
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Meeting
5.F 23-436 Action on Agreement with Impec Group, Inc. for Janitorial
Services Citywide
Recommendation: 1. Authorize the City Manager to execute an
agreement with Impec Group, Inc. for janitorial
services citywide for an initial five-year term, with
maximum compensation not-to-exceed $7,830,683,
subject to the appropriation of funds;
2. Authorize the City Manager to amend the
agreement with Impec Group, Inc. to add new sites or
to revise pricing in the event a price adjustment is
approved, subject to the appropriation of funds;
3. Authorize the City Manager to execute additional
agreements with Impec Group, Inc. as required for
other City departments not-to-exceed $250,000 each,
such agreements shall contain the same terms and
conditions as the agreement with Impec Group, Inc. for
Department of Public Works and shall be subject to
appropriation of funds; and
4. Authorize the City Manager to exercise up to three
one-year options to extend the term of the
agreement(s) after the initial term, subject to the
appropriation of funds.
5.G 23-550 Authorize the City Manager to enter into an Agreement for Real
Estate Services with CBRE Inc. for the Loyalton Property and
Other City Properties and Enter into Listing Agreements for
Individual Properties
Recommendation: 1. Authorize the City Manager to negotiate and
execute an Agreement for Real Estate
Services with CBRE Inc. for the Loyalton
Property and Other City Properties and Enter
into Listing Agreements for Individual
Properties;
2. Authorize the City Manager to negotiate and
execute amendments to these agreements to
(a) add or delete services consistent with the
scope of services for the agreements (b) adjust
future rates subject to the appropriation of
funds; and
3. Authorize the City Manager to take any actions
as necessary to implement and administer the
agreement.
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Meeting
5.H 23-365 Action on Sixth Amendment to Agreement A4220S with the
Santa Clara Valley Water District (Valley Water) and the City of
Santa Clara for Cost-Sharing of the Landscape Rebate Program
Recommendation: Authorize the City Manager to execute the Sixth
Amendment to the Agreement with Santa Clara Valley
Water District (Valley Water) to increase the amount
of the agreement by $300,000 for a revised
not-to-exceed maximum of $550,000.
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Council and Authorities Concurrent Meeting Agenda April 18, 2023
Meeting
5.I 23-305 Actions on Award of Contract for the Sanitary Sewer Condition
Assessment Repairs - Package 1 Project (CE 20-21-03) to JMB
Construction, Inc.; Adopt a Resolution Adopting a Mitigated
Negative Declaration, for which an Initial Study was Prepared,
and Mitigation Monitoring and Reporting Program; Adopt a
CEQA Statutory Exemption; Adopt a Class 1 CEQA Categorical
Exemption; and Related Budget Amendment.
Recommendation: 1. Adopt a resolution Adopting the Mitigated Negative
Declaration, for which an Initial Study was Prepared
and Mitigation, Monitoring and Reporting Program or
the Sanitary Sewer Condition Assessment Repairs -
Package 1 Project for repair segments 100, 231, 232,
233, and 242;
2. Adopt a Statutory Exemption under CEQA
Guidelines Section 15282 for repair segments 228,
202, 136, 122, 115, 91, 86, 85, 80, 77, 130, 112, 109,
101, 96, 95, 45, and 31;
3. Adopt a Class 1 Categorical Exemption under
CEQA Guidelines Section 15301 for repair segments
120, 132, 134, 203, 204, 205, 208, 209, 210, 211,
223, 224, 225, 226, 234, 235, 240, and 241;
4. Authorize the Director of Public Works or designee,
to file a Notice of Determination and a Notice of
Exemption with the County Clerk-Recorder and the
State Clearinghouse;
5. Award the Public Works Contract for the Sanitary
Sewer Condition Assessment Repairs - Package 1
Project (CE 20-21-03) for the Base Bid, to the lowest
responsive and responsible bidder, JMB
Construction, Inc., in the amount of $5,178,003 and
authorize the City Manager to execute any and all
documents associated with, and necessary for the
award, completion, and acceptance of this Project on
forms approved by the City Attorney;
6. Authorize the City Manager to execute change
orders up to approximately 15 percent of the original
contract price, or $776,700, for a total project budget
not to exceed amount of $5,954,703; and
7. Approve the following FY 2022/23 budget
amendments:
A. In the Sewer Utility Fund, increase the
transfer to the Sewer Utility Capital Fund by
$4,245,609 and reduce the unrestricted fund
balance by $4,245,609 ( five affirmative
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Meeting
Council votes required for the use of
unused balances); and
B. In the Sewer Utility Capital Fund, increase
the transfer from the Sewer Utility Fund by
$4,245,609 and increase the Sanitary
Sewer System Improvements project by
$4,245,609 (five affirmative Council
votes required to appropriate additional
revenue).
5.J 23-193 Adoption of a Resolution of Intention for Parking Maintenance
District No. 122 - Franklin Square
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 6, 2023 to approve the
Director’s Report FY 2023/24; and
3. Authorize the publication, mailing, and posting of
the Notice of Public Hearing as stated in the
Resolution of Intention.
5.K 23-196 Adoption of a Resolution of Intention for Santa Clara Convention
Center Complex - Maintenance District No. 183
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 6, 2023 to approve the
Director’s Report FY 2023/24; and
3. Authorize the publication, mailing, and posting of
the Notice of Public Hearing as stated in the
Resolution of Intention.
5.L 23-444 Action on a Resolution to Oppose Initiative 21-0042A1, “The
Taxpayer Protection and Government Accountability Act”
Recommendation: Adopt a Resolution Opposing Initiative 21-0042A1
“The Taxpayer Protection and Government
Accountability Act”.
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Council and Authorities Concurrent Meeting Agenda April 18, 2023
Meeting
5.M 23-522 Action on a Request for a Two-Year Special Permit to Use the
Santa Clara Marriott Hotel Parking Lot as an Event Site at 2700
Mission College Boulevard (CEQA: Exempt 15304(e) Class 4 -
Minor Alterations to Land)
(Deferred from April 4, 2023)
Recommendation: Approve the Use of a Categorical Exemption per
CEQA 15304(e) Class 4 - Minor Alterations to Land
and Approve the Request for a Two-Year Special
Permit to use the Santa Clara Marriott Hotel Parking
Lot as an Event Site at 2700 Mission College
Boulevard, subject to conditions.
5.N 23-446 Informational Report on 2023 Q1 Legislative Updates
Recommendation: Note and file the informational report on 2023 Q1
legislative updates.
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
6.A 23-340 Action on Stadium Authority Bills and Claims for the Month of
February 2023
Recommendation: Approve the list of Stadium Authority Bills and Claims
for February 2023.
6.B 23-58 Informational Report on Stadium Authority Contracts for Fiscal
Year 2022/23 As Required by Santa Clara City Code Chapter
17.30 (Stadium Authority Procurement Policy)
Recommendation: Note and file the informational report on Stadium
Authority contracts for FY 2022/23.
6.C 23-130 Informational Report on Stadium Authority and Stadium
Manager Meetings and Corresponding Minutes for the Period of
October 1 to December 31, 2022
Recommendation: Note and file the informational report on Stadium
Authority and Stadium Manager staff meetings and
corresponding minutes for the period of October 1 to
December 31, 2022.
6.D Action on Request Submitted by the Stadium Manager to Execute Agreement with
Gachina Landscape Management for Landscaping Services at Levi’s Stadium
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6.D.1 23-507 Request from the Stadium Manager to Execute Agreement with
Gachina Landscape Management for Landscaping Services at
Levi’s Stadium
6.D.2 23-508 Report from Stadium Authority for Action Regarding Stadium
Manager’s Request to Execute Agreement with Gachina
Landscape Management for Landscaping Services at Levi’s
Stadium
Recommendation:
1. Approve the Stadium Manager’s request to
execute an agreement with Gachina
Landscape Management to provide
landscaping maintenance services at Levi’s
Stadium for a three-year period beginning April
19, 2023 through March 31, 2026, in an
amount not exceed $68,000 for the first
contract year, $70,000 for the second contract
year, and $72,000 for the third contract year for
a total not to exceed amount of $210,000 over
the three-year period, subject to budget
appropriations; and
2. Authorize the Executive Director to approve the
Stadium Manager’s exercise of the option to
extend the agreement with the same basic
terms and conditions for two additional
one-year periods, subject to budget
appropriations.
6.E Action on Request Submitted by the Stadium Manager to Execute Amendment No. 1
to the Agreement with Integrated Communication Systems (ICS) for Fire Alarm
Testing, Inspection, Maintenance, and Related Services at Levi’s Stadium
6.E.1 23-534 Request from Stadium Manager to Execute Amendment No. 1 to
the Agreement with Integrated Communication Systems (ICS) for
Fire Alarm Testing, Inspection, Maintenance, and Related
Services at Levi’s Stadium
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Meeting
6.E.2 23-535 Report from the Stadium Authority for Action Regarding Stadium
Manager’s Request to Execute Amendment No. 1 to the
Agreement with Integrated Communication Systems (ICS) for
Fire Alarm Testing, Inspection, Maintenance, and Related
Services at Levi’s Stadium
Recommendation:
Approve the Stadium Manager’s request to execute
Amendment No. 1 to the agreement with Integrated
Communication Systems (ICS) to move the term date
from March 31, 2023 to May 31, 2023 and include a
total not to exceed compensation amount of $10,000
for the extended term only in order for ICS to complete
the necessary repairs as part of the agreement for fire
alarm testing, inspection, maintenance, and related
services at Levi’s Stadium.
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
7. 23-275 Action on a Resolution Establishing the Average Per-Acre Land
Values and Park Development Costs to be Used in Setting the
Parkland In-Lieu Fees for New Residential Development for FY
2023/24
Recommendation: Adopt a Resolution to set the Parkland In-Lieu Fee
Schedule For New Residential Development in
accordance with Title 17 (“Development”) Chapter 35
(“Park and Recreational Land”) of the City Code
establishing the average per acre land values as
contained in the Annual Land Valuation Appraisal
Report and the Park Development cost per capita
value as contained in the Parks & Recreation
Facilities Development Impact Fee Study (Nexus
Study Update) and adjusted by the Construction Cost
Index.
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Meeting
8. 23-141 Public Hearing: Action on the Adoption of the Proposed FY
2023/24 Municipal Fee Schedule
Recommendation: Alternative 1:
Adopt the “City of Santa Clara 2023/24 Municipal Fee
Schedule” which by resolution (1) sets new Fees; (2)
amends existing Fees; (3) retains unchanged Fees for
various City departments; (4) deletes certain fees with
an effective date of July 1, 2023.
9. 23-211 Action on Policy Options to Amend Regulations Related to
Street Vending Activities in the City of Santa Clara
Recommendation: Direct staff to proceed with Option #1 (pilot program
in the area of Levi’s Stadium from August 2023
through January 2024, with the Police Department
returning to City Council with recommendations for
implementation for the 2024 concert and NFL
seasons, as well as how the Ordinance may need to
be amended to apply in other areas of the City, such
as City parks).
10. 23-145 Discussion and Follow Up on a Written Petition (Council Policy
030) Submitted by Kirk Vartan Related to Permit Parking Zones
Recommendation: Note and file the staff report.
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
23-390 Update on City Council and Stadium Authority Staff Referrals
23-542 Tentative Meeting Agenda Calendar (TMAC)
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, May 9, 2023 in the City Hall Council
Chambers.
MEETING DISCLOSURES
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Council and Authorities Concurrent Meeting Agenda April 18, 2023
Meeting
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: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."
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.
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