City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, November 27, 2018 5:30 PM City Hall Council Chambers 1500 Warburton Avenue Santa Clara, CA 95050 Closed Session - 5:30 PM | Regular Meeting - 6:00 PM 5:30 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. 18-1564 Public Employee Performance Evaluation (CC) Pursuant to Gov. Code § 54957 Title: City Manager Convene to Closed Session (Council Conference Room) 6:00 PM COUNCIL REGULAR MEETING Call to Order Pledge of Allegiance and Statement of Values Roll Call 1. 18-217 Study Session: Potential Amendments to the Existing Massage Ordinance REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS SPECIAL ORDER OF BUSINESS (TO BE HEARD AT 7:00 P.M. OR SOMETIME THEREAFTER) 2.A 18-1335 Presentation on New Hazardous Materials Vehicle for the Fire Department City of Santa Clara Page 1 of 9 Printed on 11/21/2018 Council and Authorities Concurrent Meeting Agenda November 27, 2018 Meeting 2.B 18-1340 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 $100,000 and approve the related Budget Amendment to appropriate the funds for future Library-related expenditures CONSENT CALENDAR [Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.] 3.A 18-1413 Action on Bills and Claims Report (CC) for the period October 19th - October 25th Recommendation: Approve the list of Bills and Claims for October 19, 2018 - October 25, 2018. 3.B 18-205 Action on a Resolution Revising the Council and Authorities/Stadium Authority Regular Meetings Dates for the 2019 Calendar Year Recommendation: Adopt a Resolution revising the Council and Authorities/Stadium Authority regular meeting dates for the 2019 calendar year to reflect the cancelation of the January 22, 2019 meeting and to set January 15, 2019 as a Council and Authorities regular meeting. 3.C 18-1315 Action on Monthly Financial Status and Investment Reports for September 2018 Recommendation: Note and file the Monthly Financial Status and Investment Reports for September 2018 as presented. City of Santa Clara Page 2 of 9 Printed on 11/21/2018 Council and Authorities Concurrent Meeting Agenda November 27, 2018 Meeting 3.D 18-1039 Action on Amendment No. 2 to the Agreement for Services with GEI Consulting, Inc. to Provide Project Management Support for the Bucks Creek Project Relicensing Recommendation: Approve Amendment No. 2 to a Professional Agreement with GEI Consultants, Inc. to increase the not-to-exceed amount by $138,431, for a total contract not-to-exceed amount of $1,028,841 to provide continued Project Management support for the Bucks Creek Relicensing and to extend the term of the Agreement one additional year until April 30, 2021 3.E 18-1017 Action on Adoption of Silicon Valley Power’s 2018 Integrated Resources Plan Recommendation: 1) Adopt Silicon Valley Power’s 2018 Integrated Resource Plan in substantial form and for submittal to the California Energy Commission; and 2) Authorize the City Manager to submit the final Integrated Resource Plan prior to April 30, 2019. 3.F 18-1434 Action on a Procurement Agreement with Wireless Structures Consulting, Inc. dba Western Utility Telecom, Inc. for the purchase of steel poles for Parker Substation Recommendation: Approval of the Procurement Agreement with Wireless Structures Consulting, Inc. dba Western Utility Telecom, Inc. in an amount not to exceed $240,676 for the purchase of steel poles for the development of Parker Substation 3.G 18-1450 Action on Bills and Claims for the month of October 2018 (Stadium Authority) Recommendation: Approve the list of Bills and Claims for October 2018. 3.H 18-005 Action on Rezone and Variance for the property located at 130 Serena Way Recommendation: 1. Adopt a resolution approving the rezoning of the property at 130 Serena Way from Agricultural (A) to Single-Family Zoning District (R1-6L) and; 2. Adopt a resolution approving a Variance for an existing substandard side yard setback of two feet and two inches and a 648 square foot detached accessory building. City of Santa Clara Page 3 of 9 Printed on 11/21/2018 Council and Authorities Concurrent Meeting Agenda November 27, 2018 Meeting 3.I 18-835 Action on Agreements with Finish Line Towing Incorporated, Lima Towing, and Unique Towing for towing services and Amendment of the FY 2018-19 Municipal Fee Schedule regarding Towing Rates Recommendation: 1. Approve and authorize the City Manager to execute an Agreement for towing services with Finish Line Towing Incorporated, Lima Towing, and Unique Towing; 2. Authorize the City Manager to add a tow service operator(s) at any time during the term of the Agreement using a substantially similar form of agreement; and 3. Authorize the City Manager to make minor modifications to the Agreement, including rate adjustment(s), if necessary, subject to the appropriation of funds. 4. Adopt a resolution to amend the 2018-19 Municipal Fee Schedule to eliminate the annual Tow Driver Renewal Fee, adopt new tow fees and charges, and authorize annual Consumer Price Index adjustments of these tow fees and charges. 3.J 18-1561 Action on Adoption of Ordinance No. 1990 Extending the Temporary Ban of All Commercial Cannabis Activity until June 30, 2019 Recommendation: Adopt Ordinance No. 1990 Extending the Temporary Ban of All Commercial Cannabis Activity until June 30, 2019. 3.K 18-1562 Action on Adoption of Ordinance No. 1991 Prohibiting Certain Activities within a Protected Area (Clean Zone) Recommendation: Adopt Ordinance No. 1991 Prohibiting Certain Activities within a Protected Area (Clean Zone). City of Santa Clara Page 4 of 9 Printed on 11/21/2018 Council and Authorities Concurrent Meeting Agenda November 27, 2018 Meeting 3.L 18-1563 Action on Adoption of Ordinance No. 1992 Amending the Zoning Code to create the Transit Neighborhood Zoning District including a minimum density of 100 DU/AC and maximum density of 350 DU/AC, creating standards for uniformly sized parking spaces (unistalls), rezoning the Project Site to the new district, and establishing affordable housing requirements and an additional affordability incentive based on density Recommendation: Adopt Ordinance No. 1992 Amending the Zoning Code to create the Transit Neighborhood Zoning District including a minimum density of 100 DU/AC and maximum density of 350 DU/AC, creating standards for uniformly sized parking spaces (unistalls), rezoning the Project Site to the new district, and establishing affordable housing requirements and an additional affordability incentive based on density. 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 4. 18-1554 Action on Appointment to fill a June 30, 2020 partial term vacancy on the Senior Advisory Commision Recommendation: 1. Appoint one candidate to the Senior Advisory Commission to serve a partial term ending June 30, 2020. 5. 18-1235 Action on Resolution Establishing New Electric Rate Schedules for Large Customers Recommendation: Adopt a Resolution of the City of Santa Clara Establishing City Electric Utility Rate Schedules CB-6, CB-7 and CB-8. City of Santa Clara Page 5 of 9 Printed on 11/21/2018 Council and Authorities Concurrent Meeting Agenda November 27, 2018 Meeting 6. Santa Clara Convention Center/Convention-Visitors Bureau A. 18-769 Action on the Santa Clara Chamber of Commerce/Convention-Visitors Bureau Response to Performance Audit Titled “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue” Recommendation: Action on the Santa Clara Chamber of Commerce Response to TAP International Performance Audit titled “Santa Clara Convention Center and Convention-visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue” B. 18-699 Action on the Response by TAP International, Inc. to Santa Clara Chamber of Commerce “Response to Audit Findings and Concerns with City Actions” Recommendation: Action on the November 18, 2018 TAP International response to Santa Clara Chamber of Commerce “Response to Audit Findings and Concerns with City Actions” C. 18-1372 Action on Responses to City Council Questions related to the Performance Audit entitled “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue” Recommendation: Note and File Responses to City Council Questions related to the Performance Audit entitled “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue” City of Santa Clara Page 6 of 9 Printed on 11/21/2018 Council and Authorities Concurrent Meeting Agenda November 27, 2018 Meeting D. 18-1361 Action on the City’s Response to the Performance Audit “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue” and Analysis of the Chamber’s Response Recommendation: Action on 1) the City’s Response to and 2) Analysis of the Chamber’s Response related to the Performance Audit “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue” E. 18-889 Action on Performance Audit Titled “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue” Recommendation: Action on Performance Audit Titled “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue.” 7. Tourism Improvement District Audit: A. 18-1166 Action on Presentation by TAP International, Inc. of “City of Santa Clara Tourism Improvement District - Governance, Internal Controls and Oversight Need Attention” Recommendation: Action on the audit “City of Santa Clara Tourism Improvement District - Governance, Internal Controls and Oversight Need Attention” B. 18-1571 Action on Presentation from Santa Clara Chamber of Commerce/Convention-Visitors Bureau in Response to Audit Titled “City of Santa Clara Tourism Improvement District - Governance, Internal Controls and Oversight Need Attention” Recommendation: Action on Santa Clara Chamber of Commerce/Convention-Visitors Bureau Response to the TAP International audit titled “City of Santa Clara Tourism Improvement District - Governance, Internal Controls and Oversight Need Attention” dated November 19, 2018. City of Santa Clara Page 7 of 9 Printed on 11/21/2018 Council and Authorities Concurrent Meeting Agenda November 27, 2018 Meeting C. 18-1371 Action on Presentation from the City on the Audit by TAP International titled “City of Santa Clara Tourism Improvement District - Governance, Internal Controls and Oversight Needed” Recommendation: Action on City Response to Audit titled “City of Santa Clara Tourism Improvement District - Governance, Internal Controls and Oversight Needed” REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 8. 18-1536 Note and File a Status Report on the Harvey M. Rose Measure J Compliance Audit of the Santa Clara Stadium Authority Recommendation: Note and File a Status Report on the Harvey M. Rose Measure J Compliance Audit of the Santa Clara Stadium Authority. 9. 18-1232 Informational Santa Clara Stadium Authority Annual Report (Stadium Authority) Recommendation: Note and File the Informational Santa Clara Stadium Authority Annual Report 18-1580 Tentative Meeting Agenda Calendar ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, December 4, 2018 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 8 of 9 Printed on 11/21/2018 Council and Authorities Concurrent Meeting Agenda November 27, 2018 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. 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 9 of 9 Printed on 11/21/2018