City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, March 9, 2021 4:00 PM Virtual Meeting Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of COVID-19, the City of Santa Clara has implemented methods for the public to participate remotely: • Via Zoom: o https://santaclaraca.zoom.us/j/99706759306 Meeting ID: 997-0675-9306 or o Phone: 1(669) 900-6833 • Via the City’s eComment (now available during the meeting) • Via email to PublicComment@santaclaraca.gov As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page. NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Chair calls for a Special Meeting of the Governing Board of the Stadium Authority, to commence and convene on March 9, 2021, at 4:00 pm for a Special Meeting to be held virtually via Zoom, to consider the following matter(s) and to potentially take action with respect to them. 4:00 PM CLOSED SESSION Call to Order Roll Call 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. City of Santa Clara Page 1 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting 1.A 21-366 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) City of Santa Clara v. Yumori Kaku, et al., California Sixth District Court of Appeal Case No. H046105 1.B 21-399 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) City of Santa Clara v. IA Lodging Santa Clara, LLC, et al., Santa Clara County Superior Court Case No. 19CV340507 1.C 21-416 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) Sommers, et al., v. City of Santa Clara, et al., United States District Court, Northern District of California Case No. 5:17-cv-04469-BLF Convene to Closed Session 5:30 PM COUNCIL/SPECIAL STADIUM AUTHORITY MEETING Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS 2. 21-413 Action to Continue the Public Hearing Originally Set for March 9, 2021 and Set a New Hearing Date for March 16, 2021 to Consider the Appeal Submitted by Santa Clara Citizens for Sensible Industry c/o Legal Counsel for 1111 Comstock Street (PLN2019-13941; CEQ2020-01079) Recommendation: Set March 16, 2021 for a Public Hearing to consider the Appeal submitted by Santa Clara Citizens for Sensible Industry c/o Legal Counsel of the Development Review Officer’s November 4, 2020 adoption of the Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program and approval of the Architectural Review and Minor Modifications to increase the building height to 87 feet and reduce parking space requirements for the Comstock Data Center Project at 1111 Comstock Street. City of Santa Clara Page 2 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting SPECIAL ORDER OF BUSINESS 3.A 21-278 Proclaim March 2021 as Red Cross Month 3.B 21-396 Proclaim March 2021 as Women’s History Month 3.C 21-343 Verbal Report from City Manager regarding COVID-19 Pandemic 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.] 4.A 21-06 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Santa Clara Tourism Improvement District Advisory Board - April 9, 2020 Santa Clara Tourism Improvement District Advisory Board - April 16, 2020 Santa Clara Tourism Improvement District Advisory Board - May 14, 2020 Santa Clara Tourism Improvement District Advisory Board - June 11, 2020 Santa Clara Tourism Improvement District Advisory Board - June 22, 2020 Planning Commission - October 28, 2020 Planning Commission - January 27, 2021 Board of Library Trustees - December 7, 2020 Board of Library Trustees - February 8, 2021 Cultural Commission - February 1, 2021 City of Santa Clara Page 3 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting 4.B 21-896 Approval of Budget Amendment for the TDA20-21 Bicycle Facilities Upgrade Project funded by Fiscal Year 2020/21 Transportation Development Act Funds Recommendation: Establish a new TDA20-21 Bicycle Facilities Upgrade capital project and approve a FY 2020/21 budget amendment in the Streets and Highways Capital Fund to establish an appropriation for the new CIP project - TDA20-21 Bicycle Facilities Upgrade Project in the amount of $94,054 and increase the revenue estimate in the amount of $94,054 to recognize the Transportation Development Act Article 3 grant (five affirmative Council votes required for revenue actions only). 4.C 21-1259 Action to Approve a Municipal Law Enforcement Services Agreement between the Santa Clara Stadium Authority, City of Santa Clara and Monterey County Sheriff’s Office Recommendation: Approve a Municipal Law Enforcement Services Agreement between the Santa Clara Stadium Authority, City of Santa Clara, and Monterey County Sheriff’s Office for support services associated with special events at Levi’s Stadium . 4.D 21-244 Action on Amendment No. 1 to the Steam Sales Agreement with The Newark Group, Inc. to Purchase Steam from the City’s Cogeneration Facility to Renew and Extend the Agreement Until October 31, 2021 to Allow Staff to Continue Negotiations for a New Steam Sales Agreement Recommendation: Authorize the City Manager to execute Amendment No. 1 to the Steam Sales Agreement with The Newark Group, Inc. to renew and extend the Agreement until October 31, 2021 to allow staff to continue negotiations for a new Steam Sales Agreement. City of Santa Clara Page 4 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting 4.E 21-215 Action on Amendment No. 4 to the Agreement for Professional Services with Perkins + Will for the Tasman East Specific Plan and Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute Amendment No. 4 to the Agreement with Perkins + Will for professional services to prepare the Amendment to the Tasman East Specific Plan to allow 1,500 additional units in the Tasman East area, along with preparation of the associated environmental clearance by increasing the amount of the agreement by $275,000 and extending the term of the agreement through June 30, 2022 for a revised not-to-exceed maximum compensation of $1,461,432, subject to the appropriation of funds; and 2. Approve a FY 2020/21 budget amendment in the Other City Departments Operating Grant Trust Fund to recognize grant revenue in the amount of $310,000 and establish a Planning Grants Program appropriation in the amount of $310,000 (five affirmative votes required for revenue actions only). City of Santa Clara Page 5 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting 4.F 21-37 Action on Approval of the Spending Plan for Supplemental Law Enforcement Services Fund and Related Budget Amendment Recommendation: 1. Approve the spending plan for funds received from the Citizen’s Option for Public Safety Programs Supplemental Law Enforcement Services Fund; 2. Approve a FY 2020/21 budget amendment in the Police Operating Grant Trust Fund to recognize revenue in the amount of $196,119 for the anticipated Fiscal Year 2020/21 revenue and establish the Citizen’s Option for Public Safety FY 2020/21 appropriation in the amount of $196,119 (five affirmative Council votes required for revenue actions only); and 3. Approve a FY 2020/21 budget amendment in the Police Operating Grant Trust Fund to recognize revenue in the amount of $110,659 for revenue received in excess of the previously approved allocation for the COPS program from Fiscal Year 2019/20 and establish a Citizen’s Option for Public Safety FY 2019/20 appropriation in the amount of $110,659 (five affirmative Council votes required for revenue actions only). 4.G 21-100 Action on Resolutions Dedicating Portions of City-Owned Land for Use as an Overhead Electric Easement, Underground Electric Easement and Sidewalk Easement Located at the Raymond G. Gamma Dog Park Recommendation: 1. Adopt a Resolution Dedicating a Portion of City-owned Land located at the Raymond G. Gamma Dog Park for use as a sidewalk easement [APN 224-02-001 (2020-21); SC 19,332]; 2. Adopt a Resolution Dedicating a Portion of City-owned Land located at the Raymond G. Gamma Dog Park for use as an underground electric easement [APN 224-02-001 (2020-21); SC 19,333]; 3. Adopt a Resolution Dedicating a Portion of City-owned Land located at the Raymond G. Gamma Dog Park for use as an overhead electric easement [APN 224-02-001 (2020-21); SC 19,334]; and 4. Authorize the recordation of the Resolutions. City of Santa Clara Page 6 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting 4.H 21-160 Approval to Participate in the California Integrated Information Network (CALNET) State Contract with AT&T, Verizon, Sprint and T-Mobile for Telecommunication Services Recommendation: 1. Authorize the City Manager to execute all required documentation for continued participation under the CALNET 3 Contract with AT&T, Verizon, Sprint and T-Mobile for voice and data telecommunication services through December 31, 2021, subject to the appropriation of funds; and 2. Authorize the City Manager to execute all required documentation under the next generation CALNET Contract with AT&T, Verizon, Sprint, and T-Mobile for all telecommunication services during the term of the next generation CALNET contract ending on May 22, 2028, subject to the appropriation of funds. 4.I 21-206 Action on the Award of Purchase Orders with Valley Oil and Western States Oil Company for the purchase of Gasoline and Diesel Fuel Recommendation: Authorize the City Manager to execute purchase orders for gasoline and diesel fuel with Valley Oil and Western States Oil Company pursuant to the County of Santa Clara’s cooperative fuel agreements, for a term ending on or around January 11, 2026 and subject to the annual appropriation of funds. 4.J 21-179 Action on Historical Preservation Agreement (Mills Act Contract) for 904 Madison Street Recommendation: Authorize the City Manager to execute a Mills Act contract and adopt the Ten-Year Restoration and Maintenance Plan associated with the Historic Property Preservation Agreement for the property at 904 Madison Street with applicants Quenton Diduck and Marlene Diduck; PLN2020-14670. City of Santa Clara Page 7 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting 4.K 21-217 Action on Award of Purchase Orders to Reed & Graham, Inc. and Granite Construction Company for the purchase of Hot Mix Asphalt Recommendation: 1. Authorize the City Manager to execute purchase orders with Reed & Graham, Inc., and Granite Construction Company for the purchase of hot mix asphalt, for an initial term ending June 30, 2022, with an aggregate maximum compensation not-to-exceed $362,981, subject to the annual appropriation of funds; and 2. Authorize the City Manager to execute up to five one-year options to renew the purchase orders after the initial term, with the final term ending on June 30, 2027, subject to the annual appropriation of funds. 4.L 21-216 Action on a Resolution Authorizing the City Manager to Execute a Cooperative Agreement with the Energy Council for the Bay Area Regional Heat Pump Water Heater Contractor Incentive Program Recommendation: 1. Adopt a Resolution authorizing the City Manager to execute a Cooperative Agreement with The Energy Council for the Bay Area Regional Heat Pump Water Heater Contractor Incentive Program; and 2. Authorize the City Manager to approve modifications to the Cooperative Agreement that do not materially change the benefits to or obligations of the City under the agreement. City of Santa Clara Page 8 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting 4.M 21-225 Action on Various Agreements for Silicon Valley Power (SVP), Authorizing the City Manager to: 1. Execute Amendment No. 1 to an Agreement for Services with e-Builder, Inc. for License and Support Fees for Capital Project Management Software; 2. Execute Amendment No. 1 to an Agreement for Services with Efficiency Services Group, LLC to administer the Commercial Parking Lot & Exterior Lighting Program to Silicon Valley Power's (SVP) small and mid-sized business customers; and 3. Add or delete services consistent with the scopes of the agreements, and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds Recommendation: 1. Authorize the City Manager to execute Amendment No. 1 to an Agreement for Services with e-Builder, Inc. for License and Support Fees for Capital Project Management Software to cover the cost of the Annual Software Subscription as well as Enterprise Implementation, Setup, Deployment, Training, and Enhancements or Integrations for e-Builder, Inc. to increase the maximum compensation from $1,015,449 to $1,150,000; 2. Authorize the City Manager to execute Amendment No. No. 1 to an Agreement for Services with Efficiency Services Group, LLC to administer the Commercial Parking Lot & Exterior Lighting Program to Silicon Valley Power's (SVP) small and mid-sized business customers; and 3. Authorize the City Manager to add or delete services consistent with the scope of the agreements and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds. 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.] City of Santa Clara Page 9 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting CONSENT ITEMS PULLED FOR DISCUSSION AGENDA ITEMS CONTINUED FROM MARCH 2, 2021 City of Santa Clara Page 10 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting 5. 21-402 Action on the FY 2020/21 Budget Rebalancing Actions to Address COVID-19 Pandemic Impacts (Continued from February 23, 2021 and March 2, 2021) Recommendation: Alternatives 1 and 2 (net reduction of expenditures) and 3 (adjustments to transfers of unused balances to other uses and revenue), as follows: (A) Council action on the following budget amendments resulting in a net reduction of expenditures and requiring four affirmative votes: 1. Approve the budget amendments detailed in Attachment 1 that result in a net reduction in expenditures of $19,118,695 in various funds for all Departments and Offices, except the Mayor and Council and the City Auditor’s Office and City Attorney’s Office appointees, to offset corresponding revenue reductions in Transient Occupancy Tax, Charges for Services, Interest Earnings, Fines and Penalties, and Interdepartmental Revenue in various funds (four affirmative Council votes required); 2. Consider and approve the budget amendments detailed in Attachment 2 for the Mayor and Council, the City Auditor’s Office, and City Attorney’s Office appointees that reduce expenditures in the General Fund by $440,372 to offset a corresponding revenue reduction in Transient Occupancy Tax revenue (four affirmative Council votes required). (B) Approve the following FY 2020/21 budget amendments in various funds requiring five affirmative votes and consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget”: 3. Approve the budget amendments that recognize additional revenue, including the transfers to the General Fund of $204,857 from City of Santa Clara Page 11 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting the Streets and Highways Capital Fund and $6,000 from the Parking Maintenance District Fund as detailed in Attachment 1 to offset a corresponding revenue reduction in Transient Occupancy Tax revenue (five affirmative Council votes required to appropriate additional revenue). 6. 21-405 Study Session: Draft 2021 Non-NFL Events Marketing Plan for Levi’s Stadium in Accordance with Section 4.10 of the Stadium Management Agreement (Continued from March 2, 2021) Recommendation: Stadium Authority Board discussion and possible action on ManCo’s draft 2021 Marketing Plan. 7. 21-401 Study Session: Proposed Santa Clara Stadium Authority Fiscal Year 2021/22 Budget, Compliance and Management Policies (Continued from March 2, 2021) Recommendation: Review and provide input, or possible Board action, on the Santa Clara Stadium Authority Fiscal Year 2021/22 Operating, Debt Service, and Capital Budget and Stadium Authority Budget, Compliance and Management Policies. PUBLIC HEARING/GENERAL BUSINESS 8. 21-323 Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 1051 Martin Avenue, Santa Clara, California, from Bay Area Cellular Telephone Company Recommendation: Alternative 1: Adopt a Resolution of Necessity to Acquire Certain Real Property Interests on 1051 Martin Avenue, Santa Clara, California, from Bay Area Cellular Telephone Company. 9. 21-325 Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 2435 Lafayette Street, Santa Clara, California, from Wesco Properties, Inc. Recommendation: Alternative 1: Adopt a Resolution of Necessity to Acquire Certain Real Property Interests on 2435 Lafayette Street, Santa Clara, California, from Wesco Properties, Inc. REPORTS OF MEMBERS AND SPECIAL COMMITTEES City of Santa Clara Page 12 of 13 Printed on 3/4/2021 Council and Authorities Concurrent Meeting Agenda March 9, 2021 Meeting CITY MANAGER/EXECUTIVE DIRECTOR REPORT 21-379 Update on City Council and Stadium Authority Staff Referrals ADJOURNMENT The next regular scheduled meeting is on Wednesday, March 10, 2021. 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." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials. Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event. City of Santa Clara Page 13 of 13 Printed on 3/4/2021