City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, December 17, 2019 3:00 PM City Hall Council Chambers 1500 Warburton Avenue Santa Clara, CA 95050 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. 19-1447 Conference with Labor Negotiators (Part 2) (CC) Pursuant to Gov. Code § 54957.6 City representative: Mayor Lisa M. Gillmor Unrepresented employee: City Manager 19-1448 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) Gaffney v. City of Santa Clara, et al., United States District Court, Northern District of California Case No. 5:18-cv-6500 City of Santa Clara Page 1 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 19-1451 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) 19-1449 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(4) - Initiation of litigation Number of potential cases: 1 Facts and Circumstances: Consideration of recommendations contained in the TAP International Financial Audit Titled “Contract Close Out Review: Convention and Visitor’s Bureau” Convene to Closed Session (Council Conference Room) 4:30 PM COUNCIL REGULAR MEETING Call to Order Pledge of Allegiance and Statement of Values Roll Call STUDY SESSION 19-1384 Informational Report on Santa Clara Civic Center Master Plan and Utility Building Project Financial Feasibility and Economic Analysis City of Santa Clara Page 2 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 19-1406 Study Session on the City’s Community Room Rental Fee Structure and Use Policies Recommendation: Review and provide input on the City’s Community Room Rental Use Policies and Fee Structure. REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS 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.] 1.A 19-0201 Action on Joint Council and Authorities Concurrent & Stadium Authority Meeting Minutes of October 29, 2019 Recommendation: Note and file the Joint Council and Authorities Concurrent & Stadium Authority Meeting Minutes of October 29, 2019. 1.B 19-041 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Board of Library Trustees Meeting Minutes - October 7, 2019 Board of Library Trustees Special Meeting Minutes - October 15, 2019 1.C 19-1241 Action on Bills and Claims Report (CC, SOSA) for the period November 8th - November 21st Recommendation: Approve the list of Bills and Claims for November 8, 2019 - November 21, 2019. 1.D 19-1312 Action on Monthly Financial Status and Investment Reports for October 2019 and Approve the Related Budget Amendments Recommendation: Note and file the Monthly Financial Status and Investment Reports for October 2019 as presented and Approve Related Budget Amendments. City of Santa Clara Page 3 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 1.E 19-1045 Action on Amendment No. 1 to the Agreement with Raimi & Associates, Inc., for preparation of the El Camino Real Specific Plan Recommendation: Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for the Performance of Services with Raimi & Associates, Inc., for preparation of the El Camino Precise Plan to extend the term of the Agreement. 1.F 19-1363 Action on an Amendment with Golder Associates, Inc. for Operation, Maintenance, Monitoring, and Compliance Services for the Closed All Purpose Landfill and Technical and Construction Support for the Related Santa Clara City Place Project Recommendation: Approve and authorize the City Manager to execute an Amendment with Golder Associates, Inc. for operation, maintenance, monitoring, and compliance services for the closed All Purpose Landfill and technical and construction support for the Related Santa Clara City Place project. 1.G 19-1361 Action on Amendment No. 1 to an Agreement for the Performance of Services with Flynn Resource Consultants Inc. to Provide Consulting Services Related to Transmission Analysis Support, California Independent System Operator (CAISO) Issues, Pacific Gas and Electric Company (PG&E) Issues, Congestion Revenue Rights (CRRs) and Litigation Support Recommendation: Authorize the City Manager to execute Amendment No. 1 to an Agreement for the Performance of Services with Flynn Resource Consultants, Inc. to extend the term until December 31, 2020 and increase the not-to-exceed compensation amount by $750,000 to $2,670,000 for consulting services related to Transmission Analysis Support, California Independent System Operator (CAISO) issues, Pacific Gas and Electric Company (PG&E) issues, Congestion Revenue Rights (CRRs) and Litigation Support. City of Santa Clara Page 4 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 1.H 19-1432 Action on Resolutions Approving and Authorizing Execution of Conditions, Covenants and Restrictions on the Convention Center Common Area and Other Documents as Necessary to Implement the Land Purchase of Convention Center Parcels Pursuant to the 2016 Successor Agency Settlement Agreement [APNs: 104-55-012, -013, -016, -017 and 104-43-025] and Approve Related Budget Amendment Recommendation: 1. That the City Council acting as the governing board of the Successor Agency to the Redevelopment Agency of the City of Santa Clara adopt a Resolution approving and authorizing the Executive Officer to execute and record Conditions, Covenants and Restrictions on the Convention Center Common Area and Other Documents as necessary to implement the purchase of Convention Center and Convention Center Common Area parcels; 2. That the City Council adopt a Resolution approving and authorizing the City Manager to execute a Compensation Agreement and other documents as necessary to implement the 2016 Settlement Agreement for the purchase of the Convention Center Parcel and the Convention Center Common Area; and, 3. Approve the Related FY 2019/20 Budget Amendment to allocate $4,108,395 from the General Fund Land Sale Reserve to the Non-Departmental - Land Purchase category. 1.I 19-1308 Action on Amendment No. 2 to the Agreement with Iteris, Inc. for the Changeable Message Signs Project Recommendation: 1. Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with Iteris, Inc . for the Changeable Message Signs Project; and 2. Authorize the City Manager to make minor modifications to the Agreement, including future time extensions, as necessary. City of Santa Clara Page 5 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 1.J 19-1367 Action to Amend Resolution No. 19-8664 to Set the Day of Regular Parks & Recreation Commission Meetings and the Regular Schedule of Meeting Dates for 2020 Recommendation: Approve a Resolution to Amend Resolution No. 19-8664 to Set the Day (Third Tuesday of each month) of the Regular Parks & Recreation Commission Meetings and the Regular Schedule of Meeting Dates for 2020. 1.K 19-1399 Action on a Resolution Approving the 2020 Civil Service Commission Calendar of Meetings, and Setting the Number and Start Time of Regular Meetings of the Civil Service Commission Recommendation: Adopt a Resolution approving the 2020 Civil Service Commission Calendar of Meetings, and setting the number and start time of regular Civil Service Commission meetings. 1.L 19-1386 Actions to Approve Various Modified Class Specifications, Adopt a Resolution Approving and Adopting Updated Salary Plans for Various Classified, Unclassified, and As-Needed Positions, and Approve the Related Budget Amendment Recommendation: 1. Approve modifications to various class specifications: Revise the Equipment Operator Class Specification, Revise the Office Specialist II Class Specification, Revise the Permit Technician Class Specification, Revise the Staff Aide I Class Specification, Revise the Tree Trimmer II Class Specification, Revise the Water and Sewer Operations Manager Class Specification, and Revise and retitle the Water and Sewer Superintendent Class Specification; 2. Adopt a Resolution to approve the revised salary plans for various classified, unclassified, and as-needed positions to satisfy the requirements of California Code of Regulations Section 570.5; and 3. Approve the related budget amendment to increase the FY 2019/20 Fire Department General Fund budget by $688,000 and decrease the General Fund Budget Stabilization Reserve by $688,000. City of Santa Clara Page 6 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 1.M 19-1252 Action on Approval of a Side Letter Agreement Between the City of Santa Clara and International Association of Fire Fighters Local 1171 Recommendation: Approve the Side Letter between the City of Santa Clara and International Association of Fire Fighters Local 1171 (Unit 1) to implement a 48/96 Work Schedule Pilot Program for Fire Suppression employees for a twelve-month period, and ratify the City Manager’s execution of same. 1.N 19-1174 Action to Approve a Resolution of Intention to Reimburse for Debt Financing of Capital Improvements at the San José-Santa Clara Regional Wastewater Facility (RWF) Recommendation: Approve a Resolution of Intention to Reimburse for Debt Financing of Capital Improvements at the San José-Santa Clara Regional Wastewater Facility (RWF). 1.O 19-1248 Action on Tentative Parcel Map for the property located at 486 N. Winchester Boulevard and 3051 Stevens Creek Boulevard Recommendation: Adopt a Resolution to approve the Tentative Parcel Map to subdivide the existing parcel into two parcels for the property located at 486 N. Winchester Boulevard and 3051 Stevens Creek Boulevard. 1.P 19-1365 Action on Approval of the 2018-2021 Memorandum of Understanding Between the City of Santa Clara and the Engineers of the City of Santa Clara (Unit 4), and a Resolution to Approve and Adopt the Associated Updated Salary Plan for Classifications represented by the Engineers of the City of Santa Clara Recommendation: 1. Approve and authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and Engineers of the City of Santa Clara (Unit 4) with effective dates of December 23, 2018 to December 19, 2021; and 2. Adopt a Resolution approving the updated salary plan for all classifications represented by the City of Santa Clara (Unit 4), effective December 23, 2018. City of Santa Clara Page 7 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 1.Q 19-1307 Action on Appointments to City Committees and Area Wide/Outside Agency Committees for the 2020 Calendar Year Recommendation: Approve the appointments to the City and Area Wide/Outside Agency Committees and the 2020 City Committee meeting dates. 1.R 19-1371 Note and File the replacement of a Downtown Community Task Force (DCTF) Member Recommendation: Note and file the replacement of one of the student members on the Downtown Community Task Force. 1.S 19-1389 Action to Adopt a Resolution Authorizing the City to Access State and Federal Summary Criminal History Background Information for New Employees and Volunteers Through the California Department of Justice and Federal Bureau of Investigation Recommendation: Adopt a Resolution Authorizing the City to Access Federal Summary Criminal History Background Information for New Employees and Volunteers Through the California Department of Justice and Federal Bureau of Investigation City of Santa Clara Page 8 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 1.T 19-1356 Action on Substation Service Agreement with RagingWire Data Centers, LLP for Oaks Junction Substation and to Approve the Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute the Substation Service Agreement with RagingWire Data Centers, LLP to allow SVP to design, procure equipment, and construct 60kV facilities to serve Oaks Junction Substation to meet an ultimate capacity of 27 MVA of permanent electric service to 1150 Walsh Avenue; 2. Delegate authority to the City Manager to approve long lead time material procurement agreements and purchase orders; 3. Direct Finance Department to create a new CIP project number for the Oaks Junction Substation Project; and 4. Approve a budget amendment to appropriate $450,000 into the Oaks Junction Substation Project as a part of the implementation of this Substation Service Agreement to accumulate the Developer Contributions and resulting charges. 1.U 19-1393 Authorization for City Manager to Negotiate an Amendment with Healthier Kids Foundation for Services through June 30, 2020 Recommendation: Alternatives 2 and 3: 2. Authorize City Manager to Negotiate and execute an Amendment with Healthier Kids Foundation in an amount not to exceed $35,000 for additional six months of services through June 30, 2020; and 3. Authorize City Manager to explore an agreement with SCUSD to provide an enhanced district program of vision, dental, hearing screenings, healthy family education, and case management services for the new Fiscal Year July 1, 2020 to June 30, 2021 and return to Council with update. City of Santa Clara Page 9 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 1.V 19-1397 Action on Amendment No. 2 to an Agreement with GFI Entertainment, LLC for Citywide Special Events Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Agreement with GFI Entertainment, LLC in the amount of $453,870 for sound, lighting, equipment, talent, production and stage management services. 1.W 19-1036 Adoption of a Resolution Nominating the Establishment of the following Six New ABAG/MTC Priority Development Areas in the City of Santa Clara: 1) Tasman East Specific Plan Area; 2) Lawrence Station Area Plan Area; 3) Patrick Henry Drive Specific Plan Area; 4) Freedom Circle Area; 5) Lawrence Station Focus Area Phase II; and 6) Related Santa Clara Project Area. Recommendation: Adopt a resolution for each of the following new PDAs to nominate their establishment in the City of Santa Clara: 1) Tasman East Specific Plan Area; 2) Patrick Henry Drive Specific Plan Area; 3) Freedom Circle Area; 4) Lawrence Station Plan Area; 5) Lawrence Station Phase II Focus Area; and 6) Related Santa Clara Project Area. 1.X 19-1404 Action on the Formation of an Ad-Hoc Committee in Response to the June 2019 Santa Clara County Civil Grand Jury Report: “Inquiry into Governance of the Valley Transportation Authority” Recommendation: Approve the formation of an Ad Hoc Committee to comply with Recommendations 1c, 1d, and 1e of the June 2019 Santa Clara County Civil Grand Jury Report: “Inquiry into Governance of the Valley Transportation Authority” and approve the Mayor’s recommendation to appoint Councilmember Debi Davis, Councilmember Karen Hardy, and herself to the Ad Hoc Committee. City of Santa Clara Page 10 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 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 2. 19-1225 Public Hearing: Action on Proposed 48 Residential Condominium Project at 3035 El Camino Real Recommendation: Alternatives 1, 2 and 3: 1. Adopt a resolution to adopt the Mitigated Negative Declaration and the Mitigation Monitoring or Reporting Program for the 3035 El Camino Real Residential Project; 2. Adopt a resolution to approve a rezoning from Thoroughfare Commercial (CT) to Planned Development (PD) to allow development of 48 condominium units, a private street, landscaped open space, surface parking and site improvements; and 3. Adopt a resolution to approve the Tentative Subdivision Map to subdivide the existing parcel into a single lot subdivision with 48 condominium units. STADIUM AUTHORITY ITEMS 3. 19-1081 Action on the Stadium Authority Financial Status Report for the Quarter and Fiscal Year Ending March 31, 2019 Recommendation: Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter and Fiscal Year Ending March 31, 2019. 4. Item #4 - Intentionally Not Used City of Santa Clara Page 11 of 12 Printed on 12/12/2019 Council and Authorities Concurrent Meeting Agenda December 17, 2019 Meeting 5. 19-1440 Action on Delegation of Authority to the Santa Clara Stadium Authority Executive Director to execute contracts from December 17, 2019 to December 30, 2019 as necessary to implement the Redbox Bowl to be held at Levi’s Stadium on December 30, 2019. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 19-1317 Update on City Council and Stadium Authority Staff Referrals 19-1427 Tentative Meeting Agenda Calendar (TMAC) ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, January 14, 2020 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 12 of 12 Printed on 12/12/2019