City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, August 28, 2018 5:00 PM City Hall Council Chambers 1500 Warburton Avenue Santa Clara, CA 95050 Closed Session - 5:00 PM | Study Session - 6:00 PM | Regular Meeting - 7:00 PM 5:00 PM CLOSED SESSION Call to Order in the Council Chambers Confirmation of a Quorum 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. 18-1183 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) City of Santa Clara Page 1 of 10 Printed on 8/24/2018 Council and Authorities Concurrent Meeting Agenda August 28, 2018 Meeting 18-1187 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) In re Ronald Billingsley, Workers’ Compensation Appeals Board Case Nos. ADJ10828894, ADJ325132 18-1189 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) In re Daniel Cortazzo, Workers’ Compensation Appeals Board Case Nos. ADJ11026457, ADJ10879991, ADJ10722930 18-1190 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) In re Kevin Estes, Workers’ Compensation Appeals Board Case No. ADJ10536540 18-1191 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) In re Nicole Young, Workers’ Compensation Appeal Board Case Nos. ADJ10397222, ADJ10397206 and ADJ10412284 18-1192 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) Northern California Power Agency, City of Redding, City of Roseville, and City of Santa Clara v. The United States, U.S. Court of Federal Claims No. 14-817C 18-1193 Conference with Legal Counsel-Anticipated Litigation (CC, SOSA) Pursuant to Gov. Code § 54956.9(d)(4) - Initiation of litigation Number of potential cases: 1 Convene to Closed Session (Council Conference Room) 6:00 PM STUDY SESSION Call to Order in the Council Chambers Confirmation of a Quorum 18-033 Review of Central Park Master Plan Guiding Principles 7:00 PM COUNCIL REGULAR MEETING City of Santa Clara Page 2 of 10 Printed on 8/24/2018 Council and Authorities Concurrent Meeting Agenda August 28, 2018 Meeting Call to Order Pledge of Allegiance and Statement of Values Roll Call REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS 18-1176 Public Hearing: Action on Early Consideration of a General Plan Amendment (GPA) from Medium Density Residential to High Density Residential for the 12.43 Acre Property Located at 3131 Homestead Road (Laguna Clara Apartments) Recommendation: Continue Public Hearing: Action on Early Consideration of a General Plan Amendment (GPA) from Medium Density Residential to High Density Residential for the 12.43 Acre Property Located at 3131 Homestead Road to the November 13, 2018 City Council hearing [PLN2018-13286]. SPECIAL ORDER OF BUSINESS 1.A 18-1112 Recognition of Chief Master Sergeant Ronald S. Blancas 1.B 18-1097 Proclamation of National Payroll Week 1.C 18-1148 Proclamation of September 2018 as Community Preparedness Month 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.] 2.A 18-359 Action on the Council and Authorities Concurrent and Stadium Authority Meeting Minutes Recommendation: Note and file the Minutes of: Joint Meeting - April 24, 2018 Joint Meeting - May 8, 2018 City of Santa Clara Page 3 of 10 Printed on 8/24/2018 Council and Authorities Concurrent Meeting Agenda August 28, 2018 Meeting 2.B 18-659 Action on Bills and Claims Report (CC) for the period July 27th - August 2nd Recommendation: Approve the list of Bills and Claims for July 27, 2018 - August 2, 2018. 2.C 18-644 Action on Bills and Claims for the months of June and July 2018 (Stadium Authority) Recommendation: Approve the list of Bills and Claims for June and July 2018. 2.D 18-920 Action on the Display of Flags Council Policy Recommendation: Adopt a resolution approving the Display of Flags Council Policy. 2.E 18-817 Action on Donation for the Purchase, Installation, and Maintenance of a Tree at Mission City Memorial Park, and Related Budget Amendment Recommendation: Accept a donation of $1,635 for the purchase, supplies, and installation of a tree and related budget amendment and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager. 2.F 18-916 Action on City’s Response to the 2017-2018 Santa Clara County Civil Grand Jury Report: "Affordable Housing Crisis: Density is Our Destiny" Recommendation: Authorize Mayor Gillmor to submit the City’s response to the Civil Grand Jury Report to the Honorable Patricia Lucas, Presiding Judge, Santa Clara County Superior Court, 191 North First Street, San Jose, CA 95113, no later than Thursday, September 20, 2018. 2.G 18-940 Informational Report on Flood Insurance Coverage Assessment Recommendation: Note and file the Report on Flood Insurance Coverage Assessment. City of Santa Clara Page 4 of 10 Printed on 8/24/2018 Council and Authorities Concurrent Meeting Agenda August 28, 2018 Meeting 2.H 18-1006 Action on a Donation from the Santa Clara City Library Foundation and Friends and Related Budget Amendment Recommendation: Accept a Santa Clara City Library Foundation and Friends donation in the amount of $50,000 and approve a related Budget Amendment to appropriate the funds for future Library-related expenditures, and authorize the transmittal of a letter of appreciation signed by the Mayor and City Manager. 2.I 18-661 Action on an Agreement with Rentokil North America, Inc. DBA Western Exterminator Company for Pest Control Services at Various City Facilities. Recommendation: 1. Approve and authorize the City Manager to execute an Agreement for the Performance of Services with Rentokil North America, Inc. DBA Western Exterminator Company to provide pest control services at various City buildings for an amount not-to-exceed $190,406 over a 3 year term; and 2. Authorize the City Manager to make minor modifications to the Agreement, if necessary. 2.J 18-1016 Action on the Approval of the 2017 Power Source Disclosure Report Recommendation: Adopt a Resolution approving the attestation of the veracity of the 2017 Power Source Disclosure Report and the submission of the Report to the California Energy Commission. 2.K 18-1041 Action on a Special Permit request for a seasonal Pumpkin Patch and Christmas Tree sales event at 2610 El Camino Real, PLN2018-13341 Recommendation: Approve the request of a Special Permit to allow a seasonal Pumpkin Patch and Christmas Tree sales event at 2610 El Camino Real (PLN2018-13341), subject to conditions. City of Santa Clara Page 5 of 10 Printed on 8/24/2018 Council and Authorities Concurrent Meeting Agenda August 28, 2018 Meeting 2.L 18-1042 Action on a Special Permit request for a seasonal Pumpkin Patch and Christmas Tree sales event at 3590 Benton Street, PLN2018-13416 Recommendation: Approve the request of a Special Permit to allow a seasonal Pumpkin Patch and Christmas Tree sales event at 3590 Benton Street (PLN2018-13416), subject to conditions. 2.M 18-1043 Action on a request of a Special Permit to allow Kaiser Permanente to conduct an Employee and Family Wellness Event on September 9, 2018 in the Kaiser Permanente Parking Lots (A, B, C) located at 710 Lawrence Expressway. Recommendation: Approve the request of a Special Permit to allow Kaiser Permanente to conduct an Employee and Family Wellness Event on September 9, 2018 in the Kaiser Permanente Parking Lots (A, B, C) located at 710 Lawrence Expressway (PLN2018-13388), subject to conditions 2.N 18-1184 Action on Central Park Master Plan Guiding Principles Recommendation: Approve Central Park Master Plan Guiding Principles. 2.O 18-1078 Action on an Enterprise Program Agreement and Corporate Family Software License and Services Agreement with OSIsoft, LLC Recommendation: Approve and authorize the City Manager to execute an Enterprise Program Agreement and Corporate Family Software License and Services Agreement with OSIsoft, LLC retroactive to April 24, 2017 for installation, configuration, modifications and maintenance to OSIsoft, PI historian software and related systems, in an amount not-to-exceed $488,070 over a five (5) year term. 2.P 18-1079 Action on an Agreement for the Performance of Services with Nalco Company, LLC to Provide Water Treatment Services at the Donald Von Raesfeld (DVR) Power Plant Recommendation: Approve an Agreement for the Performance of Services with Nalco Company, LLC to provide water treatment services in an amount not-to-exceed $429,785 over a three (3) year period. City of Santa Clara Page 6 of 10 Printed on 8/24/2018 Council and Authorities Concurrent Meeting Agenda August 28, 2018 Meeting 2.Q 18-1080 Action on an Agreement for the Performance of Services with Nalco Company, LLC to Provide Water Treatment Services at the Cogeneration Facility (CoGen) Recommendation: Approve an Agreement for the Performance of Services with Nalco Company, LLC to provide water treatment services in an amount not-to-exceed $163,933 over a three (3) year term. 2.R 18-1099 Informational Report on the Metropolitan Transportation Commission Campaign for Transformative Projects and Stevens Creek/West San Carlos Corridor Study Recommendation: Note and file the Informational Report on the Metropolitan Transportation Commission Campaign for Transformative Projects and Stevens Creek/West San Carlos Corridor Study. 2.S 18-1102 Action Related to the City’s Variable Rate Demand Electric Revenue Bonds, Series 2008 B Recommendation: Adopt a Resolution Authorizing the Execution of a Second Amendment to Reimbursement Agreement and Second Amended and Restated Fee Letter Relating to the City’s Variable Rate Demand Electric Revenue Bonds, Series 2008 B; and Authorizing Certain Other Actions Relating Thereto 2.T 18-1147 Approve City Position on Proposed League of California Cities’ 2018 Annual Conference Resolutions Recommendation: Approve support positions for the proposed Resolution #1, Respond to the Increasing Vulnerabilities to Local Municipal Authority, Control and Revenue and Explore the Preparation of a Ballot Measure and/or Constitutional Amendment that would further Strengthen Local Democracy and Authority, and Resolution #2, Support the Repeal of Preemption in California Food and Agriculture Code § 11501.1 that Prevents Local Governments from Regulating Pesticides, and authorize the City’s voting delegate/alternate to cast votes consistent with the City Council’s adopted positions. City of Santa Clara Page 7 of 10 Printed on 8/24/2018 Council and Authorities Concurrent Meeting Agenda August 28, 2018 Meeting 2.U 18-1093 Action on Amendment No. 2 to the Agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring Services at Levi’s Stadium Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Agreement with Wilson, Ihrig & Associates subject to annual appropriations to continue conducting noise monitoring of Levi’s Stadium and the 49ers practice facility for an additional cost of $150,000 to be funded over a two-year term, resulting in a revised total cost not to exceed $249,840 over the life of the agreement. 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 3. Actions Related to Santa Clara Tourism Improvement District A. 18-929 Public Hearing: Action on the Santa Clara Tourism Improvement District (TID) Recommendation: 1. Approve the Tourism Improvement District Fiscal Year 2018/19 Amended Budget 2. Adopt a Resolution to levy an annual assessment for the Santa Clara Tourism Improvement District (TID) for Fiscal Year 2018/19. City of Santa Clara Page 8 of 10 Printed on 8/24/2018 Council and Authorities Concurrent Meeting Agenda August 28, 2018 Meeting B. 18-1167 Action on Amended and Restated Agreement with TAP International for Audit Services for the Santa Clara Convention Center & Tourism Improvement District Recommendation: 1. Approve and authorize the City Manager to execute Amended and Restated Agreement for Services with TAP International for a performance and financial audit related to the Convention Center, Convention-Visitors Bureau and Tourism Improvement District for a total amount not to exceed $155,020. 2. Authorize the City Manager to make minor, non-substantive modifications if needed. 4. 18-756 Action on the Renewable Power Purchase Agreement with Viento Loco Wind, LLC Recommendation: 1. Delegation of authority to the City Manager to execute a Renewable Power Purchase and Sales Agreement with Viento Loco Wind, LLC, in substantially similar terms as presented, and subject to final review and approval by the City Attorney 2. Authorize the City Manager to execute all necessary documents, subject to final review and approval by the City Attorney, to effectuate the purchases of power from Viento Loco Wind, LLC. 5. 18-523 Public Hearing: Action on Appeal of Planning Commission Action for the Property Located at 1593 Lexington Street Recommendation: 1. Sustain the appeal, overrule the Planning Commission’s action, and approve the basement conversion and a new accessory dwelling unit for the property at 1593 Lexington Street, subject to conditions of approval. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 18-1055 Tentative Meeting Agenda Calendar ADJOURNMENT City of Santa Clara Page 9 of 10 Printed on 8/24/2018 Council and Authorities Concurrent Meeting Agenda August 28, 2018 Meeting The next regular scheduled meeting is on Tuesday evening, September 11, 2018 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." City of Santa Clara Page 10 of 10 Printed on 8/24/2018