City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, May 21, 2019 3:00 PM City Hall Council Chambers 1500 Warburton Avenue Santa Clara, CA 95050 Councilmember O'Neill will be attending remotely from the following location: Best Western Plus Sutter House 1100 H Street – Room #133 Sacramento, CA 95814 3:00 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. 19-671 Public Employee Performance Evaluation (CC) Pursuant to Gov. Code § 54957 Title: City Manager City of Santa Clara Page 1 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 19-616 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) 19-617 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation Number of potential cases: 1 19-618 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 19-622 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8 Property: 500 Benton Street, APN 230-08-078 City/Authority Negotiator: Deanna J. Santana, City Manager (or designee) Negotiating Parties: Robert Mendelsohn, Republic Metropolitan Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) City of Santa Clara Page 2 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 19-670 Conference with Legal Counsel-Anticipated Litigation (SA) Pursuant to Gov. Code § 54956.9(d)(4) - Initiation of litigation Number of potential cases: 1 Convene to Closed Session (Council Conference Room) 5:00 PM COUNCIL REGULAR MEETING Call to Order Pledge of Allegiance and Statement of Values Roll Call 1. 19-104 Discussion and Review of User Fees for Cost of Services and Workplan to Evaluate User Fees 2. 19-621 Action on Appointment to fill a partial term on the Planning Commission ending June 30, 2019 and approve the newly appointed commissioner to serve a full term from July 1, 2019 ending June 30, 2023 Recommendation: Appoint one candidate to the Planning Commission to serve a partial term ending June 30, 2019 and approve for the newly appointed commissioner to serve a full term from July 1, 2019 ending June 30, 2023. REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS 3. 19-632 Request from Mayor Gillmor to Continue Item #15 - Action on a Resolution Establishing the Average Per-Acre Land Values and Parkland In Lieu Fee Schedule for New Residential Development FY2019-20 4. 19-662 Continuance Regarding Economic Development, Communications, and Marketing Committee Meeting Minutes Recommendation: Defer the Economic Development, Communications, and Marketing Committee minutes to the Committee for clarification. SPECIAL ORDER OF BUSINESS *Special Order of Business not to be heard prior to 7:00 PM. City of Santa Clara Page 3 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 5. Actions in Support of the Youth Commission A. 19-417 Action on Resolution No. 6047 Relating to the Youth Commission Selection Process and Action on Appointment of Youth Commissioners for the 2019-20 Term Recommendation: 1. Adopt a resolution amending Resolution No. 6047 to change the Youth Commission selection process; and, 2. Reappoint nine returning Youth Commissioners, appoint six new Commissioners, and appoint two alternates to serve on the 2019-20 City of Santa Clara Youth Commission based on the selection panel’s recommendations. B. 19-418 Recognition of Outgoing Youth Commission Members C. 19-419 2019 Youth Commission Community Service Scholarship 5.D 19-497 Proclamation of National Public Works Week 5.E 19-523 Presentation by Girl Scout Troop 61413 5.F 19-634 Proclamation for Lupus Awareness 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.] 6.A 19-620 Action on Council and Authorities Concurrent Meeting Minutes Recommendation: Approve the Council and Authorities Meeting Minutes of April 23, 2019. City of Santa Clara Page 4 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 6.B 19-027 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Parks & Recreation Commission - March 19, 2019 Senior Advisory Commission - March 25, 2019 Cultural Commission - April 1, 2019 Civil Service Commission - November 19, 2018 Salary Setting Commission - January 8, 2019 Salary Setting Commission - January 17, 2019 Salary Setting Commission - January 30, 2019 Salary Setting Commission - February 21, 2019 Salary Setting Commission - February 28, 2019 Salary Setting Commission - March 14, 2019 Salary Setting Commission - March 28, 2019 Cultural Commission - April 16, 2018 Cultural Commission - May 9, 2018 6.C 19-358 Action on Bills and Claims Report (CC) for the period April 12th - April 25th Recommendation: Approve the list of Bills and Claims for April 12, 2019 - April 25, 2019. 6.D 19-003 Action on a Resolution Authorizing the Filing of an Application for FY 2019/20 Transportation Development Act Funding for the Lafayette/Bassett Bike Lane Project Recommendation: Adopt a Resolution Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2019/20. City of Santa Clara Page 5 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 6.E 19-311 Approval of a High Intensity Activated Crosswalk Beacon on Lick Mill Boulevard at East River Parkway and Related Budget Amendment Recommendation: 1. Approve the installation of a High Intensity Activated Crosswalk Beacon (HAWK) on Lick Mill Boulevard at East River Parkway; 2. Approve the addition of the new CIP Project - High Intensity Activated Crosswalk Beacon on Lick Mill Boulevard at East River Parkway - to the FY 2018/19 CIP Budget; and 3. Approve the related budget amendment transferring $750,000 from the General Fund- Capital Projects Reserve to the Streets and Highways Fund for the High Intensity Activated Crosswalk Beacon on Lick Mill Boulevard at East River Parkway (533-New Project). 6.F 19-449 Action on Agreements for Materials Testing and Special Inspection Services for Public Works Projects Recommendation: 1. Approve and authorize the City Manager to execute an agreement for the Performance of Services with Construction Testing Services, Inc. ($90,000), Ninyo and Moore Geotechnical and Environmental Sciences Consultants ($90,000) and Quality Assurance Engineering, Inc. ($90,000) to perform on-call materials testing and special inspection services for a combined amount not-to-exceed $270,000 over the three-year terms of the agreements; 2. Authorize the City Manager to amend agreement not-to-exceed amounts as long as the cumulative total does not exceed $270,000 subject to annual appropriations; and 3. Authorize the City Manager to exercise up to two one-year extensions for each agreement with no increase in compensation in the event that the work is not completed by the Agreement end dates and make minor modifications to the agreements, if necessary. City of Santa Clara Page 6 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 6.G 19-477 Action to Amend a Special Permit for Community Festivals at 1375 Lafayette Street to Reflect the Correct 2019 Dates Recommendation: Approve the request to amend the Special Permit to reflect the correct 2019 dates for community festivals at 1375 Lafayette Street (PLN2018-13269), subject to conditions. 6.H 19-606 Approval of the 2018-2021 Memorandum of Understanding between the City of Santa Clara and the Santa Clara Police Officers Association (Unit 2) Recommendation: 1. Approve and authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and Santa Clara Police Officers Association (Unit 2) 2018-2021, with effective dates of December 23, 2018 to December 18, 2021. 2. Adopt a Resolution approving the Salary Schedule for Santa Clara Police Officers Association (Unit 2), effective December 23, 2018. 6.I 19-480 Action to Approve New Job Specification, and Set Compensation, for Public Works Supervisor Recommendation: Approve the job specification for Public Works Supervisor and set the salary range at A-38. 6.J 19-602 Authorize the City Manager to amend and execute the existing Electric Service Agreement with Intel Corporation Recommendation: Authorize the City Manager to amend and execute the existing Electric Service Agreement with Intel Corporation 6.K 19-500 Action on a Resolution for the Use of City Water Forces at 815 Comstock Street Recommendation: Adopt a Resolution approving the use of City Water forces for the service upgrade at 815 Comstock Street. City of Santa Clara Page 7 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 6.L 19-522 Action on the Appointment of Councilmember Debi Davis to the Bay Area Water Supply and Conservation Agency (BAWSCA) and the San Francisco Bay Area Regional Water System Financing Authority (RFA) Recommendation: Appoint Councilmember Debi Davis to serve as representative on the Bay Area Water Supply and Conservation Agency (BAWSCA) and the San Francisco Bay Area Regional Water System Financing Authority (RFA) 6.M 19-569 Action on a Resolution Authorizing the Display of the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Flag During the Month of June 2019, and Annually Thereafter in the Month of June Recommendation: Adopt a resolution authorizing the display of the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride flag during the month of June 2019, and annually thereafter in the month of June, unless and until the resolution is rescinded. 6.N 19-228 Action on Agreement and Covenant Running with the Land to Allow Private Improvements within the Public Right-of-Way at 3511 El Camino Real Recommendation: 1. Approve and authorize the City Manager to execute the Agreement and Covenant Running with the Land with Lawrence Square Shopping Center, LLC to install and maintain three monitoring wells within the public right-of-way [APN 220-03-010 (2018-19); SC 19,136]; and 2. Authorize the recordation thereof. City of Santa Clara Page 8 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 6.O 19-398 Action on the Raymond G. Gamma Dog Park Schematic Design Update with Synthetic Turf, and the Larry J. Marsalli Park Site Plan Update to include the Off Leash Dog Areas and Introduction of an Ordinance Approving the Raymond G. Gamma Dog Park Schematic Design Update in Accordance with City Charter Section 714.1 Recommendation: Alternatives 1 and 2: 1. Introduce an ordinance to approve the Raymond G. Gamma Dog Park Schematic Design Update Option B with Synthetic Turf, and 2. Update the Larry J. Marsalli Park Site Plan to include the Off-Leash Dog Areas. 6.P 19-594 Action on Adoption of Ordinance No. 2000 Amendment to Zoning Code Section 18.102.010 - Commercial Marijuana Activity Prohibited Recommendation: Adopt Ordinance No. 2000 Amendment to Zoning Code Section 18.102.010 - Commercial Marijuana Activity Prohibited. 6.Q 19-655 Action to Authorize the City Manager to Execute Agreement with Management Partners for Executive Performance Evaluation Facilitation Recommendation: Authorize the City Manager to execute the agreement with Management Partners for facilitation of the City Manager’s performance evaluation process. 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 9 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 7. 19-440 Public Hearing: Action on a Resolution to Levy an Annual Assessment for the Santa Clara Tourism Improvement District (TID) for Fiscal Year 2019/20 Recommendation: Alternative 1: Adopt a Resolution to levy an annual assessment for the Santa Clara Tourism Improvement District (TID) for Fiscal Year 2019/20 if there is no legally sufficient protest. 8. 19-547 Update and Action on the Formation of a New Destination Marketing Organization (DMO) entity and Appointment of a Board of Directors Recommendation: Direct the City Manager to proceed with the formation of the new DMO entity including causing the appointment of the initial Board of Directors as set forth in Table 1. 9. 19-548 Update on Santa Clara Convention Center Transition Activities and Work Efforts Recommendation: Note and file the May 2019 Information Report on Santa Clara Convention Center transition activities. 10. 19-1387 Public Hearing to Approve Non-Exclusive Franchise Agreements for Hauling of Industrial Refuse and Recyclables with 12 Applicants Recommendation: 1. Adopt a Resolution to Grant Non-Exclusive Franchise Agreements for Hauling of Industrial Refuse and Recyclables; and 3. Approve and authorize the City Manager to execute Non-Exclusive Franchise Agreements for Hauling of Industrial Refuse and Recyclables with 12 applicants. City of Santa Clara Page 10 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 11. 19-009 Public Hearing: Adoption of a Resolution Setting Rates for Overall Solid Waste Services, Annual Clean-up Campaign, and Household Hazardous Waste in the Exclusive Franchise Area Recommendation: Alternative 1: Adopt a Resolution setting the overall rates to be charged to customers for the collection and disposal of garbage, refuse, Clean Green, recycling, annual Clean-up Campaign, and household hazardous waste in the exclusive franchise area, effective for the utility bills issued for services rendered on and after July 1, 2019. 12. 19-1685 Public Hearing: Action on Resolutions Approving Water, Sewer and Recycled Water Rates to be Effective July 1, 2019 Recommendation: Alternative 1: Adopt Resolutions Establishing Water Rate Schedule 2019-01, Recycled Water Rate Schedule 2019-02, and Sewer Rate Schedule S-19. City of Santa Clara Page 11 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting 13. 19-1634 Public Hearing: Actions on Gateway Crossings project located at 1205 Coleman Avenue including General Plan Amendment to Santa Clara Station Very High Density Residential (51-120 du/ac) with a minimum commercial Floor Area Ratio (FAR) of 0.20, revision to the Climate Action Plan to add Transportation Demand Management (TDM) goals for the new land use designation, creation of a new Very High Density Mixed Use Zoning District and Rezoning to that District, Vesting Tentative Subdivision Map, Development Agreement, Environmental Impact Report (EIR), and Mitigation Monitoring and Reporting Program (MMRP) Recommendation: Alternatives 1, 2, 4, 6, and 7: 1. Adopt a resolution to approve and Certify an Environmental Impact Report (EIR) and adopt CEQA Findings and a Statement of Overriding Considerations (SOC) and the Mitigation Monitoring and Reporting Program (MMRP); 2. Adopt a resolution to approve the General Plan Amendment #87 from Regional Commercial, High Density Residential and Very High Density Residential to Very High Density Residential with a minimum commercial FAR of 0.2; amendment to the General Plan Land Use Map for the Santa Clara Station Focus Area to reflect the General Plan change; and revision to the Climate Action Plan to add TDM goals for the new land use designation 4. Introduce an ordinance to approve the Rezone from Light Industrial (ML) to Very High Density Mixed Use (VHDMU) to allow phased construction of a mixed use development consisting of 1,600 residential units, 162,000 square foot hotel, 25,000 square feet of supporting retail, park and open space, surface and structured parking facilities, private streets, and site improvements; subject to conditions that include additional pedestrian, decorative paving and landscape enhancements to the 30-foot wide north - south private street on the west side of the public park and Building 2 that connects Brokaw Road to Champions Way; 6. Adopt a resolution to approve the Vesting Tentative Subdivision Map for the purpose of City of Santa Clara Page 12 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 2019 Meeting developing four mixed use parcels, two commercial parcels, two dedicated park parcels, and six common lots for site access/circulation and utility corridors to serve the development; and 7. Introduce an Ordinance to approve the Development Agreement. 14. 19-590 Action on Councilmember O’Neill’s Request Related to the City’s Participation in an “Innovation Zone” Recommendation: Staff makes no recommendation. 15. 19-517 Action on a Resolution Establishing the Average Per-Acre Land Values and Parkland In Lieu Fee Schedule for New Residential Development FY2019-20 Recommendation: Alternatives 2 and 4: 2. Adopt a Resolution Establishing the Average Per-Acre Land Values and Parkland In Lieu Fee Schedule for New Residential Development for FY2019-20 In Accordance with Title 17 (“Development”) Chapter 35 (“Park and Recreational Land”) of the Code of the City of Santa Clara with the exception that the total allowable amount for increases in park improvement values will be phased in over a three year period at 25% per year and the land appraisal will be conducted annually as required per City Code 17.35 and new fees effective July 1 of each year. 4. Conduct a Feasibility of Residential Development Study that will evaluate the effects of total development fee levels on developer’s feasibility to provide housing of various types. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 19-255 Tentative Meeting Agenda Calendar ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, June 4, 2019 in the City Hall Council Chambers. City of Santa Clara Page 13 of 14 Printed on 5/16/2019 Council and Authorities Concurrent Meeting Agenda May 21, 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 14 of 14 Printed on 5/16/2019