City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, May 7, 2019 3:30 PM City Hall Council Chambers 1500 Warburton Avenue Santa Clara, CA 95050 3:30 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. Convene to Closed Session (Council Conference Room) 19-491 Conference with Legal Counsel-Existing Litigation (CC, SOSA) Pursuant to Gov’t Code § 54956.9(d)(1) Sports and Open Space Authority v. D.E. Restaurants, Santa Clara County Superior Court Appellate Department Case No. 18AP002411 19-573 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(4) - Initiation of litigation Number of potential cases: 1 19-572 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov’t Code § 54956.9(d)(1) Forty Niners SC Stadium Company LLC v. City of Santa Clara, Santa Clara County Superior Court Case No. 18CV326430 19-574 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation Number of potential cases: 1 19-577 Conference with Legal Counsel-Anticipated Litigation (SA) Pursuant to Gov. Code § 54956.9(d)(4) - Initiation of litigation Number of potential cases:1 City of Santa Clara Page 1 of 9 Printed on 5/3/2019 Council and Authorities Concurrent Meeting Agenda May 7, 2019 Meeting 5:00 PM COUNCIL REGULAR MEETING Call to Order Pledge of Allegiance and Statement of Values Roll Call 1. 19-1608 Joint Study Session to Review Proposed FY 2019/20 and FY 2020/21 Biennial Operating Budget and Capital Improvement Program Budget Adjustments Recommendation: Review and provide input on the Proposed FY 2019/20 and FY 2020/21 Biennial Operating Budget and Capital Improvement Program Budget Adjustments. 2. 19-552 Review and Potential Council Action on the Santa Clara City Council Priority Matrix Recommendation: Review and provide input on the City Council Policy Priorities. REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS SPECIAL ORDER OF BUSINESS *Special Order of Business will not be heard prior to 7:00 PM. 3.A 19-304 Presentation by the Santa Clara City Library Foundation and Friends on Fiscal Year 2018/19 Accomplishments 3.B 19-393 Presentation by Santa Clara Sister Cities Association on Exchange Visit to Limerick, Ireland 3.C 19-527 Proclamation of Affordable Housing 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.] City of Santa Clara Page 2 of 9 Printed on 5/3/2019 Council and Authorities Concurrent Meeting Agenda May 7, 2019 Meeting 4.A 19-273 Council and Authorities Concurrent Meeting Minutes Recommendation: Note and file the meeting minutes of: City Council Special Meeting - April 1, 2019 Council and Authorities Concurrent Meeting - April 9, 2019 4.B 19-026 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Cultural Commission - March 4, 2019 Youth Commission - March 12, 2019 Economic Development, Communications and Marketing Committee - March 20, 2019 Planning Commission - April 10, 2019 4.C 19-357 Action on Bills and Claims Report (CC, SA) for the period March 29th - April 11th Recommendation: Approve the list of Bills and Claims for March 29, 2019 - April 11, 2019. 4.D 19-252 Approval of Budget Amendment for the Lafayette/Bassett Bike Lane Project funded by Fiscal Year 2018/19 Transportation Development Act Funds Recommendation: Recognize the Transportation Development Act grant fund of $600,000 into the Streets and Highways Fund as revenue and approve the FY 2018/19 budget amendment to appropriate the funds into the new Capital Improvement Program Project - Lafayette/Bassett Bike Lane Project in the Streets and Highways Fund (requires five council votes) . 4.E 19-305 Action on Declaring a Vacancy on the Planning Commission due to Resignation from Commissioner Shawn Williams Recommendation: 1. Accept resignation, Declare a Vacancy on the Planning Commission; and 2. Set May 14, 2019 for Interviews to fill the partial term ending June 30, 2019 and a full term ending June 30, 2023. City of Santa Clara Page 3 of 9 Printed on 5/3/2019 Council and Authorities Concurrent Meeting Agenda May 7, 2019 Meeting 4.F 19-307 Action on Parks & Recreation Commission Recommendation to Name the Public Parks in the Santa Clara Square Project: “Meadow Park,” “Creekside Park,” and “Redwood Trail” Recommendation: Refer the Park & Recreation Commission recommendation to name the Santa Clara Square Project’s neighborhood park “Meadow Park”, the mini park “Creekside Park”, and the public trail easement “Redwood Trail” to the next scheduled Governance Committee meeting for consideration. 4.G 19-315 Action on Amendment No. 2 to the Agreement with Mark Thomas and Company, Inc. for the Saratoga Creek Trail (Homeridge Park to Central Park) Project Recommendation: Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with Mark Thomas and Company, Inc. for the Saratoga Creek Trail (Homeridge Park to Central Park) Project. City of Santa Clara Page 4 of 9 Printed on 5/3/2019 Council and Authorities Concurrent Meeting Agenda May 7, 2019 Meeting 4.H 19-336 Action on Amendments to Various Professional Service Agreements for Building Permit Plan Review and Inspection Professional Services Recommendation: 1. Approve and authorize the City Manager to execute Amendment No. 3 to the Agreement for Professional Services with TRB + Associates, Inc., which will increase the amount by $350,000 for a new total contract not-to-exceed amount of $1,850,000 and extend the term to October 31, 2021; 2. Approve and authorize the City Manager to execute Amendment No. 3 to the Agreement for Professional Services with Shums Coda Associates, Inc., which will increase the amount by $350,000 for a new total contract not-to-exceed amount of $1,250,000 and extend the term to December 31, 2021; 3. Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for Professional Services with Plan Review Consultants, Inc., which will increase the amount by $544,600 for a new total contract not-to-exceed amount of $1,144,600 and extend the term to October 31, 2021; and 4. Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with West Coast Code Consultants, Inc. (WC3) in the amount $225,000 for a new total not-to-exceed amount of $274,000 and extend the term to November 1, 2021. 4.I 19-390 Action to Revise Job Specifications for Fire Chief and Street Superintendent Recommendation: Approve the revised job description for Fire Chief and the revised job description and job title for Street Superintendent. City of Santa Clara Page 5 of 9 Printed on 5/3/2019 Council and Authorities Concurrent Meeting Agenda May 7, 2019 Meeting 4.J 19-400 Action on the Award of Purchase Order to Bayscape Landscape Management for Landscaping Services and Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute a Purchase Order with Bayscape Landscape Management for an initial term starting on or about May 8, 2019 and ending on June 30, 2020 with a maximum compensation not to exceed $83,558, 2. Authorize the City Manager to exercise up to four one-year options to renew the Purchase Order through June 30, 2024 with compensation increases subject to the City Manager’s approval, and 3. Approve the appropriation in the amount of $83,558. 4.K 19-409 Action on Reappointment of Commissioners and Declaring Commissioner Vacancies, Setting of a Date for an Application Deadline, and Scheduling of Interviews Recommendation: 1. Reappoint the eight (8) eligible commissioners for the term ending June 30, 2023; 2. Declare vacancies for full-term appointments to the following: 1) Cultural Commission; 2) Parks and Recreation Commission; 3) Housing Rehabilitation Loan Committee; 4) Historical and Landmarks Commission; and 5) Senior Advisory Commission, with an application deadline of May 31, 2019; and 3. Direct staff to schedule interviews for a future Council meeting. City of Santa Clara Page 6 of 9 Printed on 5/3/2019 Council and Authorities Concurrent Meeting Agenda May 7, 2019 Meeting 4.L 19-433 Action on a Resolution for an Affordable Housing Agreement with St. Anton Tasman East, LP for 2233 Calle del Mundo (APN# 097-05-059) Recommendation: 1. Adopt a Resolution approving and authorizing the City Manager to execute the Affordable Housing Agreement with St. Anton Tasman East, LP, and authorizing the City Manager to negotiate and execute any documents necessary including a Completion Guaranty and amendments to the Affordable Housing Agreement, to implement the terms, covenants, and restrictions associated with the provision of thirty-eight (38) very low-income units, one hundred fifty-seven (157) low income units, and one manager’s unit (1) at 2233 Calle del Mundo (APN# 097-05-059). 2. Authorize the recordation thereof. 4.M 19-474 Action on an Amendment to Zoning Code Section 18.102.010 - Commercial Marijuana Activity Prohibited Recommendation: Alternative 1: Introduce the Ordinance amending Section 18.102.010 (“Commercial Marijuana Activity Prohibited”) of Chapter 18.102 (“Regulation of Marijuana”) of Title 18 (“Zoning”) of “The Code of the City of Santa Clara, California” to temporarily prohibit all commercial cannabis activity until June 30, 2020. 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 City of Santa Clara Page 7 of 9 Printed on 5/3/2019 Council and Authorities Concurrent Meeting Agenda May 7, 2019 Meeting 5. 19-085 Public Hearing: FY 2019/2020 Final Annual Action Plan for the use of Federal Housing and Urban Development Grant Funds Recommendation: Alternative 1: 1. Approve the FY 2019/2020 Annual Action Plan, and direct staff to incorporate all public comments into the final version for submission to the U.S. Department of Housing and Urban Development. 6. 19-329 Action on the Adoption of a Resolution Amending Silicon Valley Power’s Rules and Regulations to Require New or Modified Self-Generation Facilities to Utilize Renewable Generation and Fuel Sources Recommendation: Alternatives 1 and 3: Adopt a Resolution amending Silicon Valley Power’s Rules and Regulations to require that new or modified customer-owned self-generation units utilize only CEC approved renewable generation and fuel sources, providing definition of renewable electric generation facility, and requiring customers to provide proof of eligible certification through the California Energy Commission’s certification process for self-generation other than solar photovoltaic and Authorize the City Manager to modify the term of the contract and/or usage requirements for the existing Electric Service Agreement with Intel Corporation. 7. 19-483 Action on Voter approved Measure N Work Plan and Charter Review Committee Appointment Process relating to District Elections for the November 2022 Election Cycle Recommendation: The City Clerk recommends the November 2020 election for placement of a Charter Amendment related to electing councilmembers by district, as the elections official to ensure greater participation and more time for robust community input. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 19-282 Monthly Update on City Council and Stadium Authority Staff Referrals City of Santa Clara Page 8 of 9 Printed on 5/3/2019 Council and Authorities Concurrent Meeting Agenda May 7, 2019 Meeting 19-571 Tentative Meeting Agenda Calendar ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, May 21, 2019 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 9 of 9 Printed on 5/3/2019