City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, March 5, 2019 4:00 PM City Hall Council Chambers 1500 Warburton Avenue Santa Clara, CA 95050 4:00 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. 19-268 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 9 Printed on 3/1/2019 Council and Authorities Concurrent Meeting Agenda March 5, 2019 Meeting 19-269 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(a) - Exposure to litigation Number of potential cases: 1 (Facts and Circumstances) City as potential defendant: Letter from Gibson Dunn law firm, representing Related Santa Clara LLC, dated September 24, 2018 regarding Force Majeure under DDA 19-270 Threat to Public Services or Facilities (CC, SA) Pursuant to Gov. Code § 54957(a) Consultation with: City Manager, City of Santa Clara and Chief of Police, Santa Clara Police Department 19-274 Conference with Real Property Negotiators (CC, SARDA) Pursuant to Gov. Code § 54956.8 Property: 4701 Great America Parkway/2600 Tasman Drive, APNs 104-42-019, 104-42-014, 104-43-052 City/Authority Negotiator: Deanna J. Santana, City Manager/Executive Director (or designee) Negotiating Parties: Duffield Milkie, Executive Vice President, Cedar Fair Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) 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 REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS City of Santa Clara Page 2 of 9 Printed on 3/1/2019 Council and Authorities Concurrent Meeting Agenda March 5, 2019 Meeting 19-275 Continuance of Corrective Action to Cure Violation of Section 2.1 of the First Amendment to the Stadium Management Agreement, Stadium Procurement Contracts by Retroactive Approval of an Agreement for NEx Systems for Stadium Floor Improvements and Stadium Manager Disclosure of Contracts Issued Through Delegated Authority from $100,000 to $250,000 Recommendation: Continue the Corrective Action to Cure Violation of Section 2.1 of the First Amendment to the Stadium Management Agreement, Stadium Procurement Contracts by Retroactive Approval of an Agreement for NEx Systems for Stadium Floor Improvements and Stadium Manager Disclosure of Contracts Issued Through Delegated Authority from $100,000 to $250,000 to March 27, 2019. SPECIAL ORDER OF BUSINESS *Special Order of Business not to be heard prior to 7:00 PM. 1. 19-178 Presentation by the Historic Preservation Society of Santa Clara and the Old Quad Residents Association Tour Committee on Funds Raised from 2018 Historic Home Tour 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 19-069 Council and Authorities Concurrent Meeting Minutes Recommendation: Note and file the Council and Authorities Concurrent Meeting Minutes of February 5, 2019. City of Santa Clara Page 3 of 9 Printed on 3/1/2019 Council and Authorities Concurrent Meeting Agenda March 5, 2019 Meeting 2.B 19-022 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Cultural Commission Meeting Minutes - December 3, 2018 Cultural Commission Meeting Minutes - January 7, 2019 Parks & Recreation Commission Meeting Minutes - July 17, 2018 Parks & Recreation Commission Meeting Minutes - August 21, 2018 Senior Advisory Commission Meeting Minutes - October 22, 2018 Senior Advisory Commission Meeting Minutes - November 26, 2018 Youth Commission Meeting Minutes - September 11, 2018 Youth Commission Meeting Minutes - October 9, 2018 2.C 19-047 Action on Bills and Claims Report (CC) for the period February 1st - February 14th Recommendation: Approve the list of Bills and Claims for February 1, 2019 - February 14, 2019. 2.D 19-1658 Action on Monthly Financial Status and Investment Reports for December 2018 and Approve the Related Budget Amendments Recommendation: Note and file the Monthly Financial Status and Investment Reports for December 2018 as presented and Approve the Related Budget Amendments. City of Santa Clara Page 4 of 9 Printed on 3/1/2019 Council and Authorities Concurrent Meeting Agenda March 5, 2019 Meeting 2.E 19-1709 Action on Award of Contract for the Bowers Avenue Signal Timing Project and Related Budget Amendment Recommendation: 1. Award the Public Works contract for the Bowers Avenue Signal Timing Project (CE 17-18-13) to the lowest responsive and responsible bidder, St. Francis Electric, LLC, in the amount of $572,700, and authorize the City Manager to execute all documents associated with and necessary for the award, completion, and acceptance of the Project; 2. Authorize the City Manager to execute change orders up to 10% of the original contract amount, or $57,270, for a total not-to-exceed amount of $629,970; and 3. Authorize the related budget amendment transferring $98,000 from Streets and Highway Fund in Central Control Traffic Signal Upgrade Program to the Bowers Avenue Signal Timing Project. 2.F 19-1681 Action on Award of Contract for the Safe Routes to School Pedestrian Infrastructure Improvements Project and Related Budget Amendment Recommendation: 1. Award the Public Works Contract for the SRTS Pedestrian Infrastructure Improvements Project (CE 18-19-05) to the lowest and responsive bidder, J.J.R. Construction, Inc. in the amount of $345,269 and authorize the City Manager to execute any and all documents associated with and necessary for the award, completion, and acceptance of the Project; 2. Authorize the City Manager to execute change orders up to 10% of the original contract amount, or $34,527 for a total not-to-exceed amount of $379,796; and 3. Approve the related budget amendment transferring $133,022 from City’s Neighborhood Traffic Calming Project to the SRTS Pedestrian Infrastructure Improvements Project. City of Santa Clara Page 5 of 9 Printed on 3/1/2019 Council and Authorities Concurrent Meeting Agenda March 5, 2019 Meeting 2.G 19-237 Action on the Award of the Public Works Contract for the Parker Interconnection Project and Related Budget Amendment Recommendation: 1. Award the Public Works Contract for the Parker Interconnection Project (Contract No. 2124) to the lowest responsive and responsible bidder, Hot Line Construction, Inc., in the amount of $943,057.20 and authorize the City Manager to execute any and all documents necessary for the award, completion and acceptance of the Project; 2. Authorize the City Manager to execute change orders up to 10% of the original contract amount, or $94,305.72, for a total not-to-exceed amount of $1,037,362.92 for Contract No. 2124 and make any minor modifications; 3. Approve the related FY 2018/19 budget amendment recognizing $2,350,000 in the Developer Contributions revenue category in the Parker Substation project and appropriating $2,350,000 in the Parker Substation project; and 4. Amend the FY 2019/20 Adopted CIP Budget and approve the related FY 2019/20 budget amendment to decrease the Parker Substation project and associated Developer Contributions revenues and expenditures by $1,050,000 due to the acceleration of the project schedule to FY 2018/19. 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. 19-204 Action on a Written Petition submitted by Ken Kim requesting to proclaim a section of El Camino Real as Korea Town Recommendation: Staff makes no recommendation. City of Santa Clara Page 6 of 9 Printed on 3/1/2019 Council and Authorities Concurrent Meeting Agenda March 5, 2019 Meeting 4. 19-1630 Action on Purchase Agreement for Real Property with SummerHill Lawrence Station for the Lawrence Expressway Grade Separation Project and Related Budget Amendment Recommendation: 1. Approve and authorize the City Manager to execute the Purchase Agreement for Real Property with SummerHill Lawrence Station, LLC and all documents necessary to implement the terms of the Agreement and close escrow for the purchase of approximately 0.72 acres at a purchase price of $4,092,200; and 2. Approve the Related Budget Amendment to transfer existing funds from the Transportation Environmental Mitigation and Regional Traffic Mitigation Fee Deposit Funds to the Streets and Highways Fund for the Lawrence Grade Separation Project. 5. 19-175 Direction to Prepare an Amendment to the Zoning Code, SCCC Chapter 18.76 Architectural Review Recommendation: Alternative 1: Direct staff to prepare an Ordinance to amend Chapter 18.76 Architectural Review of the City of Santa Clara Zoning Code to replace the existing Architectural Committee process with an alternate Administrative Level Hearing Process (Development Review Hearing) including identifying the permits or projects subject to the approval of the Administrative Level Hearing Process, Planning Commission, or the City Council; identifying the hearing body that is responsible for the review on appeal based on the types of permit or project; and limiting any planning application to a maximum of one potential appeal. 6. 19-118 Action on Request for City Financial Support for a New Special Event-Parade of Champions Recommendation: Staff does not have a recommendation. However, if the Council approves the Parade in concept, a 2020 timeframe is more realistic within the context of City staff capacity and already planned events and allows more adequate time for SPOC to raise necessary funds to address the issues mentioned in the report. City of Santa Clara Page 7 of 9 Printed on 3/1/2019 Council and Authorities Concurrent Meeting Agenda March 5, 2019 Meeting 7. 19-115 Action on a Resolution of Intention to Establish Community Facilities District (CFD) 2019-1 (Lawrence Station) to finance certain Public Services Recommendation: Alternative 1.: Adopt the Resolution of Intention to Establish the Community Facilities District 2019-1 (Lawrence Station) to finance certain Public Services, and set a public hearing on the matter for April 9, 2019. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 19-266 Verbal Update on the Convention Center Operator Transition 19-077 Monthly Update on City Council and Stadium Authority Staff Referrals 19-248 Tentative Meeting Agenda Calendar ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, March 19, 2019 (Stadium Authority) in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 8 of 9 Printed on 3/1/2019 Council and Authorities Concurrent Meeting Agenda March 5, 2019 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 3/1/2019