City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, April 23, 2019 3:45 PM City Hall Council Chambers 1500 Warburton Avenue Santa Clara, CA 95050 Closed Session - 3:45 PM | Joint Dinner - 5:00 PM | Regular Meeting - 6:00 PM 3:45 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. 19-489 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 City of Santa Clara Page 1 of 10 Printed on 4/18/2019 Council and Authorities Concurrent Meeting Agenda April 23, 2019 Meeting 19-490 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) Convene to Closed Session (Council Conference Room) 5:00 PM JOINT DINNER Call to Order in the Council Chambers Confirmation of a Quorum 19-1345 5:00 P.M. Historical & Landmarks Commission Joint Dinner Meeting 6:00 PM COUNCIL REGULAR MEETING Call to Order Pledge of Allegiance and Statement of Values Roll Call 1. 19-267 Presentation by the Santa Clara Valley Transportation Authority on the BART Phase II Project and the Transit-Oriented Development Corridor Strategies and Access Planning Study City of Santa Clara Page 2 of 10 Printed on 4/18/2019 Council and Authorities Concurrent Meeting Agenda April 23, 2019 Meeting REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS SPECIAL ORDER OF BUSINESS *Special Order of Business not to be heard prior to 7:00 PM. 2.A 19-271 Follow-up Presentation by Santa Clara Relay for Life 2.B 19-445 Recognition of Silicon Valley Power’s designation as a Reliable Public Power Provider (RP3)® Gold designation 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 19-498 Council and Authorities Concurrent Meeting Minutes Recommendation: Note and file the Meeting Minutes of: City Council Special Meeting - March 20, 2019 Council and Authorities Concurrent - March 26, 2019 3.B 19-025 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Board of Library Trustees Meeting Minutes - February 4, 2019 3.C 19-232 Action on Bills and Claims Report (CC) for the period March 15th - March 28th Recommendation: Approve the list of Bills and Claims for March 15, 2019 - March 28, 2019. 3.D 19-306 Action on Monthly Financial Status and Investment Reports for February 2019 and Approve the Related Budget Amendments Recommendation: Note and file the Monthly Financial Status and Investment Reports for February 2019 as presented and approve the related budget amendments. City of Santa Clara Page 3 of 10 Printed on 4/18/2019 Council and Authorities Concurrent Meeting Agenda April 23, 2019 Meeting 3.E 19-454 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 July 2, 2019 meeting and to set July 9, 2019 as a Council and Authorities regular meeting 3.F 19-1105 Action on the Rescission of Council Policies on Amplified Sound Permits, Block Parties, Dance Permits, Parades and Processions, Races/”Fun Runs”/Walks, Sale of City of Santa Clara Flags, Special Outdoor Events on City Property, Feeding Animals in City Parks Recommendation: Adopt a resolution rescinding Council Policy 001 Amplified Sound Permits, Council Policy 005 Block Parties, Council Policy 011 Dance Permit, Council Policy 019 Parades and Processions, Council Policy 022 Races/”Fun Runs”/Walks, Council Policy 025 Sale of City of Santa Clara Flags, Council Policy 027 Special Outdoor Events on City Property, and Council Policy 044 Feeding Animals in City Parks. 3.G 19-1642 Action on the Federal and State Income Tax Exempt Reporting for Fiscal Year 2017/2018 Recommendation: Authorize the City Manager, or her designee, to file the 2017 Internal Revenue Service Form 990 (Return of Organization Exempt from Income Tax) and the State of California Form 199 (Exempt Organization Annual Information Return) on behalf of the City of Santa Clara Public Facilities Financing Corporation. 3.H 19-446 Action on Historical and Landmarks Commission Vacancy Recommendation: 1. Declare a partial term vacancy ending June 30, 2021. 2. Set May 24, 2019 by 5:00 PM as the deadline to submit applications to the City Clerk’s Office. City of Santa Clara Page 4 of 10 Printed on 4/18/2019 Council and Authorities Concurrent Meeting Agenda April 23, 2019 Meeting 3.I 19-180 Action on a Letter of Agreement 19-SNR-02196 with Western Area Power Administration for Compensation to Silicon Valley Power for the Financial Impact Incurred During the Curtailment Period on July 27, 2018 due to the Carr Fire Recommendation: Approve and authorize the City Manager to execute a Letter of Agreement 19-SNR-02196 with Western Area Power Administration to compensate SVP for the financial impact incurred by SVP as a result of the curtailment of Base Resource on July 27, 2018. 3.J 19-194 Action on California Library Literacy Services Family Literacy Award and Related Budget Amendment Recommendation: Accept the California Library Literacy Services Family Literacy grant award of $25,000 into the Library Adult and Family Literacy Grant Fund and approve the related budget amendment to appropriate the funds to Adult and Family Literacy accounts for As-Needed Salary, Contractual Services and Operating Supplies. (Requires five affirmative votes by the City Council) 3.K 19-217 Action on an Agreement with the Santa Clara Valley Transportation Authority for Funding from the 2016 Measure B Local Streets and Roads Program and Related Budget Amendment Recommendation: 1. Approve and authorize the City Manager to execute the agreement with the Santa Clara Valley Transportation Authority for funding from the 2016 Measure B Local Streets and Roads Program; 2. Authorize the City Manager to make minor, non-substantive modifications to the Agreement, if needed; and 3. Approve the related budget amendment to appropriate the one-time advance allocation of tax revenues of $ 548,858 into the Annual Street Maintenance and Rehabilitation Program project. City of Santa Clara Page 5 of 10 Printed on 4/18/2019 Council and Authorities Concurrent Meeting Agenda April 23, 2019 Meeting 3.L 19-259 Action on a Resolution for the Use of City Electric Forces at Various Locations Recommendation: Adopt a Resolution approving the use of City Electric Forces for the installation of facilities at 3023 Homestead Road, 737 Matthew Street (Parker Substation), 3059 Agate Drive, Homestead Substation, El Camino Real and Harrison Street, Mission Park Market Place Hotel and Retail, and 3655 Kifer Road. 3.M 19-464 Action on a Resolution Approving the 2019 Salary Setting Commission additional meetings schedule and rescinding Resolution 19-8679 Recommendation: Adopt a Resolution approving the 2019 Salary Setting Commission additional meeting dates and rescinding Resolution 19-8679. City of Santa Clara Page 6 of 10 Printed on 4/18/2019 Council and Authorities Concurrent Meeting Agenda April 23, 2019 Meeting 3.N 19-287 Action on Award of Contract for the 2019 Pavement Rehabilitation Project (CE17-18-19) and Related Budget Amendment Recommendation: 1. Adopt the following findings of Council, pursuant to California Public Contract Code section 5103, et seq., and relieve MCK Services, Inc., of its bid for the 2019 Pavement Rehabilitation Project (CE 17-18-19): (a) That MCK made a mistake in its bid for the Project; (b) That Bids on the Project were opened on February 20, 2019, and MCK submitted to City staff sufficient notice of its mistake on February 27, 2019, which was within five (5) working days of February 20, 2019, and MCK’s notice specified in detail how the mistake occurred; (c) That MCK’s mistake made its bid materially different than MCK intended it to be, by an amount of approximately $231,331; and (d) That MCK’s mistake was made in filling out the bid, specifically by transcribing incorrect unit costs from MCK’s internal forms to City’s Bid Schedule form that was submitted with the bid, and that MCK’s mistake was not due to any error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications. 2. Award the Public Works Contract for the 2019 Pavement Rehabilitation Project (CE 17-18-19) to the lowest responsive and responsible bidder, G. Bortolotto & Co., Inc., in the amount of $5,510,556 and authorize the City Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; 3. Authorize the City Manager to execute change orders up to approximately 10% of the original contract price, or $551,044, for a total not to exceed amount of $6,061,600; and 4. Accept the CalRecycle Grant award of $274,033 into the Streets & Highways Fund and approve the City of Santa Clara Page 7 of 10 Printed on 4/18/2019 Council and Authorities Concurrent Meeting Agenda April 23, 2019 Meeting FY 2018/19 budget amendment to appropriate the funds into the Annual Street Maintenance and Rehabilitation Program (CIP 533-1235). 3.O 19-293 Action on a Resolution Ordering the Vacation of Various Easements at the Lawrence Station Area SummerHill Development at 3505 Kifer Road Recommendation: 1. Adopt a Resolution Ordering the Vacation of Electric Easements, Wire Clearance Easements, Underground Electric Easements, Overhead Electric Easement, Sidewalk Easement, and Public Utility Easements at Lawrence Station Area SummerHill Development [Vicinity of APN 216-34-005,-036,-041,-045,-046,-047,-051,-066,-0 69,-070,-072,-073,-074 and -075 (2017-18); SC 19,032]; and 2. Authorize the recordation of the Resolution. 3.P 19-295 Informational Report on adding an alternative analysis for the removal of a travel lane as a part of the El Camino Real Specific Plan process and proceeding with parking removals and addition of a bike lane prior to consideration of the plan Recommendation: Note and file the Informational Report on the El Camino Real Specific Plan right-of-way Alternative 3A. If Council would like to proceed with analysis of the removal of a travel lane on El Camino Real (Alternative 3A), direction should be provided to staff to return to Council with a formal scope and budget for consideration. 3.Q 19-328 Proclamations prepared and issued from January through March 2019 Recommendation: Note and File listing of Proclamations prepared and Proclamation issued to City Employee from January through March 2019. 3.R 19-467 Action on Adoption of Ordinance No. 1999 Levying Special Taxes within the City of Santa Clara Community Facilities District 2019-1 (Lawrence Station) Recommendation: Adopt Ordinance No. 1999 Levying Special Taxes within the City of Santa Clara Community Facilities District 2019-1 (Lawrence Station). City of Santa Clara Page 8 of 10 Printed on 4/18/2019 Council and Authorities Concurrent Meeting Agenda April 23, 2019 Meeting 3.S 19-420 Action to Approve the Job Specification for Senior Electrical Estimator Recommendation: Approve modified job specification for Senior Electrical Estimator. 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. 19-016 Action on Request for Funding from Healthier Kids Foundation in the total amount of $210,000 for FY2019/20 to FY2021/22 for Dental, Hearing and Vision screenings and Case Management Services Recommendation: Staff has no recommendation. If Council selects alternative 2 or 3, authorize the City Manager to negotiate and execute a three-year Agreement(s) for Services subject to budget appropriations. 5. 19-447 Action on Friendship City Memorandum of Understanding with Icheon City, Republic of Korea Recommendation: Alternative 1: Approve a three-year Friendship City Relationship Memorandum of Understanding (MOU) with Icheon City, Republic of Korea, and authorize the Mayor to sign the MOU on behalf of the City of Santa Clara. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 19-943 Tentative Meeting Agenda Calendar ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, April 30, 2019 (Stadium Authority) in the City Hall Council Chambers. City of Santa Clara Page 9 of 10 Printed on 4/18/2019 Council and Authorities Concurrent Meeting Agenda April 23, 2019 Meeting 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 4/18/2019